Does Underinsured Motorist Cover Pain and Suffering?

Woman learns if her underinsured motorist covers pain and suffering

Often paired together uninsured and underinsured motorists or UM is not required in Georgia as it is in other states. Georgia does require a minimum amount of liability coverage but clearly, not everyone follows the law.

Yes, underinsured motorist coverage should pay compensation for pain and suffering. But like all car wrecks, receiving compensation is not always easy.

An Atlanta auto accident lawyer can help you fight for compensation. Additionally, they can help you put a value on your pain and suffering and know when settlement offers are too low.

What Should Underinsured Motorist Coverage Take Care Of?

Underinsured motorist coverage should cover the gap between the at-fault driver’s insurance coverage and compensation needs. That means that it should cover the difference for all things such as property damage, physical recovery, medical costs, and pain and suffering.

Underinsured motorist coverage kicks in after the at-fault driver’s insurance company has exhausted their coverage limits. For example, if the driver that hit you has the minimum liability coverage, capping out at $15,000 for bodily injury but your injury costs mounted up to $50,000 you have a massive gap.

You don’t want to take on $35,000 in medical costs. Then when you factor in pain and suffering the extent of debt could be substantially worse. You may have lost wages, or even lost the ability to work. All the while your bills are piling up and getting behind creating an unclimbable mountain of debt.

That is where underinsured motorist coverage comes into the rescue. Not only should it cover the outstanding medical costs, but other attributes of pain and suffering as well.

Do You Need Underinsured Motorist Coverage?

Yes, you need uninsured/underinsured motorist coverage. Because the two pair together it’s even more important to have this type of coverage. The number of accidents happening involving under, or uninsured motorists is alarming and it’s continuing to rise.

Throughout Atlanta, there are a number of uninsured drivers, or people driving with the minimum liability insurance. The issue isn’t that they’re breaking the law, the issue is that they’re putting everyone at risk of complete ruin if they’re in an accident.

Without underinsured motorist coverage, you don’t have much of a chance at all for any reasonable amount of compensation. It is just one of those things that’s better to have and not need, than to not have and regret needing it later.

What Falls Under Pain and Suffering?

Lawyers have many different methods for calculating pain and suffering. Usually, they rely on what evidence they have available to support your claim to determine what fits into their calculation.

Generally speaking you can include the following, and more, in a pain and suffering claim:

  • Actual pain
  • Medical costs
  • Bills for rehabilitation or recovery from surgery or injury
  • Physical limitations
  • Loss of ability to be intimate
  • Emotional and psychological trauma
  • Depression and anxiety
  • Memory loss and other disorders from brain injury

These issues are all too common in car accidents. Underinsured motorist coverage won’t rush to cover things such as emotional trauma without evidence that the issue stems from the crash. A lawyer can help you put together your evidence in a compelling manner to show the difference in behaviors and habits from before and after the wreck.

Suffering? Legal Recourse Might Be The Only Way to Get Compensation

Insurance adjusters or the people who are evaluating your case, often work solely based on numbers. They assign a number to everything, but how can you assign a value to losing something like the ability to hold your children?

The pain, within the pain and suffering umbrella, is easy to prove costs such as medical bills and lost wages. But suffering is something different. It is hard to prove suffering to someone who wants a receipt for everything.

Suffering will often include new physical limitations or the loss of something important to you. If you loved your career as a chef but lost your dominant hand, you quite possibly lost a major part of your identity. That suffering is hard to value, but a lawyer can help.

Contact An Atlanta Car Accident Attorney Right Away

Pain and suffering is a commonly used term that works to diminish the reality of your injuries. You are in pain, and suffering, and compensation, of any amount, won’t change that. A bit of legal guidance can help you put a realistic value on your injuries and suffering.

The Weinstein Firm helps injured victims of car accidents with their claim and their case. Having a personal injury lawyer isn’t just for taking your case to court. There are many times when you need help just to sort out the issues between the insurance companies. Call us to get legal help before you need it.

Latest Posts

Bicycle and Car Collisions: Legal Rights and Responsibilities
Teen Driving Accidents: Key Legal Aspects to Consider
Truck Rollovers: Unraveling Liability in Cargo Spills
Distracted Driving FAQs
Get the compensation
you deserve $$$

Local Auto Accidents

  • Atlanta
  • Conyers
  • Decatur
  • Kennesaw
  • Lawrenceville
  • Morrow
  • Watkinsville

Family pushes for change after mother of three killed in police pursuit  USA TODAY [...]

I 20 traffic Atlanta crash before I 285 lanes closed | 11alive.com  11Alive.com WXIA [...]

Lakeside High School students involved in deadly DeKalb County crash  FOX 5 Atlanta [...]

Deadly crash on Factory Shoals Road in Mableton  11Alive.com WXIA [...]

16-year-old killed in overnight DeKalb County crash identified by high school  Atlanta News First [...]

16-year-old student dies in crash, marking Lakeside High's fifth traffic fatality this school year  Decaturish.com [...]

3 Dead In Fiery South Fulton Crash Involving Slingshot: Reports  Patch [...]

1 dead after Decatur County wreck  WALB [...]

2 killed in multi-car crash in DeKalb County  WSB Atlanta [...]

Police allege that Lakeside High student was driving under influence before fatal crash  Atlanta News First [...]

Watkinsville, GA - Fatal Pickup Collision on GA HWY 53 & Snows Mill Rd  Local Accident Reports [...]

Two pickups crash killing woman and injuring four other people  Online Athens [...]

Watkinsville man killed following truck crash on Commerce Road  Online Athens [...]

Truck driver killed, 3 others injured in related traffic accidents, Athens police say  Atlanta News First [...]

Barrow Co. firefighter and son critically injured when their car collides with dump truck  Classic City News [...]

Cristal Galloso Olvera, Ivonne Olvera die in Morrow County car crash  The Legal Advocate [...]

Teen caught breaking into cars runs, gets hit by a car and critically injured, police say  WSB Atlanta [...]

2 people dead after fiery 6-vehicle crash at Georgia Welcome Center  Atlanta News First [...]

Best Personal Injury Lawyers in Atlanta, GA Of 2024 – Forbes Advisor  Forbes [...]

Fatal crash on Hwy 90 leaves Pineville resident dead, another injured  KoamNewsNow.com [...]

Collision on Cobb Parkway results in multiple injuries including two serious and another life-threatening  Cobb County Courier [...]

I 75 North traffic near Kennesaw slowed vehicle fire  11Alive.com WXIA [...]

'Major Crash' Causes 10-Mile Backup In Bartow Co.: 511GA  Patch [...]

19-year-old motorcyclist killed in crash; speed likely a factor, Cobb County police say  WSB Atlanta [...]

18-year-old celebrating birthday among 2 killed in crash. Driver now charged, GA cops say  Miami Herald [...]

Breaking: Gwinnett PD seeks witnesses in 2 crashes resulting in 4 fatalities, including 2 children  Monroe Local News [...]

Child dead after being hit by car in Mall of Georgia parking lot, 2 others injured, police say  WSB Atlanta [...]

4 Dead, At Least 3 Injured In 2 Gwinnett Co. Crashes  Patch [...]

Car Crash In Peachtree Corners Leaves 3 Dead, 3 Injured  Gwinnettdailypost.com [...]

1 driver fighting for life after Grayson Highway wreck shut down roadway for hours  FOX 5 Atlanta [...]

Who Has the Cheapest Car Insurance Quotes in Georgia in 2024?  ValuePenguin [...]

I 20 traffic Atlanta crash before I 285 lanes closed | 11alive.com  11Alive.com WXIA [...]

Conyers police officer released from hospital after being injured during chase  FOX 5 Atlanta [...]

Conyers officer discharged from hospital after injury in chase, crash, police say  WSB Atlanta [...]

Cobb I-20 E Crash Involving Tractor-Trailer Kills Conyers Man  Patch [...]

Free Case Review
Weinstein law firm logo
Let's get started with your FREE consultation