Navigating Insurance Claims After a Speeding Accident
Reporting Your Claim: Report to your own insurer promptly as required by your policy. When reporting, focus on facts: "The other driver was going significantly over the speed limit." Don't speculate on exact speeds—let evidence establish that.
Dealing with the Other Insurer: The speeding driver's insurance company will contact you quickly. They may try to get recorded statements or quick settlements before evidence is gathered. Decline to provide statements without attorney guidance.
Evidence Demands: Speeding claims often turn on technical evidence. Insurance adjusters will want EDR data, accident reconstruction reports, and police reports. Having this evidence professionally gathered strengthens your position.
Liability Disputes: Even with strong speeding evidence, insurers may try to shift blame to you. They'll look for any evidence of contributory negligence. Comprehensive evidence collection is essential.
Policy Limits: Many serious speeding accidents result in damages exceeding the at-fault driver's policy limits. We identify all available coverage sources including your own UIM coverage.
Bad Faith Claims: If an insurer unreasonably denies or delays your claim, you may have additional bad faith claims. We document all interactions with insurers.
Understanding Coverage Sources
Liability Coverage: The speeding driver's liability policy covers your damages up to their limits. Minimum requirements vary by state but are often inadequate for serious injuries.
Underinsured Motorist (UIM): If the at-fault driver's coverage is insufficient, your own UIM coverage provides additional compensation. Many people don't realize they have UIM or understand its importance.
Uninsured Motorist (UM): If the speeding driver has no insurance, your UM coverage applies. This is also important for hit-and-run cases.
Medical Payments (MedPay): This coverage on your own policy pays medical bills regardless of fault. It provides quick access to funds during recovery.
Commercial Policies: If the speeding driver was working, their employer's commercial policy likely has much higher limits—often $1 million or more for trucking companies.
Umbrella Policies: Some drivers have personal umbrella policies providing additional liability coverage beyond their auto policy limits.
Coverage Stacking: In some states, you can "stack" UM/UIM coverage from multiple vehicles on your policy, increasing available limits.
Our attorneys investigate all potential coverage sources. In serious cases, the difference between minimum coverage and comprehensive coverage investigation can be millions of dollars.