What options do we have to get compensation from Geico for a car accident claim that wasn't our fault?

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My parents and I were seriously injured in an automobile accident that was caused by a driver who failed to stop at a red light.  Defendant's insurer offered to pay us per accident policy limit of $500,000.  We filed a claim with our insurer, Geico, for coverage payments under the underinsured motorist portion policy.  Geico denied the claim, arguing that defendant's vehicle was not underinsured.  Do we have a claim against Geico in Indiana?


This is an example scenario of a geico claim dispute.  Under Indiana law, an underinsured vehicle is defined as "an insured motor vehicle where the limits of coverage available for payment to the insured under all . . . policies covering persons liable to the insured are less than the limits for the insured's underinsured motorist coverage at the time of the accident." 

The purpose of underinsured motorist coverage is to indemnify individuals when negligent drivers are inadequately insured, but the law did not intent to require insurance companies to fully indemnify victims of underinsured motorists in all cases.  Rather, the law aims to put the insured in the position he would have been in if the negligent driver had liability coverage equal to his underinsured motorist limits.  Indiana courts have determined that where more than one individual is injured in an accident, the wrongdoer's per accident liability limit applies for purposes of ascertaining whether a car is underinsured.  Courts compare the negligent driver's per accident limit with the per accident limit of the insured's underinsured motorist coverage. 

Source:  Indiana Code section 27-7-5-4(b);

Talk to a Car Accident Attorney to make sure your rights are protected and you don't get "handled" by your insurance adjuster.