Practice Areas
- Personal Injury
- Automobile Accidents
- Wrongful Death
- Product Liability
- Medical Malpractice
- Premises Liability
- Dog Bites/Pet Attacks
- Industrial Accidents and Worker’s Compensation
Van Dorn Blog 
Automobile Accidents
- Appeals Court Upholds $16 Million Bad Faith Claim Against Allstate
- Insurance Institute Conducts Pickup Truck Safety Tests
- New Hampshire Man Dies In Motorcycle Accident
- Vermont Makes Roads Safer
- Laconia Motorcycle Week
- New Hampshire Motorcycle Safety Awareness Campaign
- True Story
Dog Bites/Pet Attacks
Medical Malpractice
Personal Injury
- Senate Passes Safety Bill for Toys
- Research Your Potential Personal Injury Attorney
- I Call Insurance Company Rules!
- HR 6126: The Fairness in Nursing Home Arbitration Act
- Three Injured in Separate ATV Accidents
- Insurance Companies and Personal Injury Lawyers
- Unethical Lawyers
- "...an informed client is our best client."
- New Hampshire Personal Injury Law
- Beware of Settlement Mills
Attorney Fees
General
Samples Cases
Automobile Accidents
$875,000 recovered for man injured in automobile/bicycle accident
$750,000 recovered for rear-end auto accident resulting in back surgery
Dog Bites/Pet Attacks
Industrial Accidents and Worker’s Compensation
$1,400,000 recovered for victim of industrial accident
Other
$600,000 recovered for man injured in logging accident
$1,600,000 Settlement for Civil Rights Case
Legal News
Little progress in bridge repairs across US...
Two Window Washers Die in Accident at NYC Building...
Appeals Court Upholds $16 Million Verdict Against Allstate...
Insurance tests raise questions about some pickups...
Allstate Ranks as Worst Insurer for Consumers...
Drew Griffin Tonight - "Keeping them Honest."...
Manchester New Hampshire man dies in motorcycle accident...
Teen fleeing Rottweiler fractures skull...
2008 Presidential Candidates Respond to Ten Questions About Their Health Care Reform Proposals...
Uninsured and Underinsured Motorist Claims
Being involved in a car accident can be a stressful and devastating event. There are nearly 3 million car accidents resulting in injury each year. Almost 2 million of these injuries can be lifelong injuries. Injuries can result in huge medical costs and missed time at work. Insurance is designed to protect car accident victims who suffer personal injury. That is why states require all drivers to maintain car insurance. If you are stopped by a police officer they will ask for proof of insurance. It may be shocking to learn that upwards of 14 percent of drivers on the road do not maintain driver’s insurance. Now what happens if you are injured in a car accident and the “at fault” driver doesn’t have insurance or they are underinsured? You may have a claim against the at fault drive for negligence; however, if you look at it realistically, a driver who doesn’t maintain car insurance likely doesn’t have the personal assets that would cover your medical bills and lost wages. If you are injured in a car accident and the negligent driver has no insurance, it may be in your best interest to file an uninsured motorist claim (UM) or an underinsured motorist claim (UIM).
Many states, including Vermont and New Hampshire, require drivers to carry uninsured or underinsured coverage. This coverage is designed to protect a car accident victim and their passengers if the negligent driver doesn’t have insurance coverage, or their car insurance coverage doesn’t cover the victim’s expenses. For instance, Vermont requires a minimum of $25,000 in liability insurance for drivers. As personal injury lawyers, we have seen car accidents cause medical expenses and lost wages in excess of $25,000. When you maintain UM or UIM insurance coverage, your insurance company is supposed to step in and cover your expenses if the negligent driver cannot. Generally, UM or UIM coverage protects against lost wages and medical expenses, suffering, and any future earning losses. For example, you are in an accident where the negligent driver maintains the Vermont minimum of $25,000 in liability coverage. However, you and your passengers have combined damages in excess of $80,000. In an ideal situation, the “at fault” driver’s insurance will cover its full amount of $25,000 and your insurance company will cover the remaining $55,000.
The situation I have detailed above is ideal. However, if you have read our other articles, you know that insurance companies will find ways to deny claims. Once again, they do not make money by honoring their agreement. Many times a car accident victim will have to file a claim against their own insurance company. Typically these types of claims are either bad faith claims, or breach of contract claims. Any good personal injury attorney will have experience filing these types of claims. An insurance policy is essentially a contract like any contract. Both parties give something and receive something in turn. You pay money and you are entitled to receive benefits when needed. When you file a breach of contract suit against your insurance company for a UM or UIM claim, it means the insurance company breached its agreement to pay you benefits in the event of an accident with a uninsured or underinsured motorist. The other type of claim is a bad faith claim. With a bad faith claim the argument is that the insurance company made an unreasonable claim offer, or refused to pay your claim without sufficient reason.
Either one of these claims may go to trial. However, many times the insurance company will settle when they realize you have an experienced personal injury lawyer on your side. Once an insurance company knows that your lawyer is willing and capable of taking your claim to a jury verdict, they will be compelled to give you a fair payout. If you have been injured in a car accident because of the negligence of another driver without insurance, and your insurance company is not offering you the money you need to cover your expenses, you should consider hiring an attorney to represent your claim. As always, do your research. Make sure the attorney you hire has actual experience trying claim in front of a jury.
Free Consultation
To speak about your case with the lawyers of Van Dorn and Curtiss, complete the form below or call us on our toll free number: 1-866-632-8980
Van Dorn & Curtiss
633 Main Street
Route 10
P.O. Box 263
Orford, NH 03777-0263
Phone: (866) 632-8980
FAQs
Personal Injury
- Am I eligible for a personal injury lawsuit?
- How do the attorneys determine how much my personal injury claim may be worth?
- When I meet with a personal injury attorney for my first consultation, what information should I provide?
Automobile Accidents
- I was in an automobile accident and the payout offered by the insurance company seems low. What should I do?
- I was injured in a car accident and it was the other driver's fault. They didn't have insurance...what can I do?
- I was injured in a car accident and my car sustained very little visual damage. The other driver was at fault and their insurance company is denying my claim. They say because there was so little damage to the car, I am lying about my injury...what can I do?
Wrongful Death
- I recently lost a loved one in an accident. What are my rights?
- How do I bring a wrongful death claim?
- What is a survival action?
Medical Malpractice
- Is it true that legislators are attempting to limit medical malpractice recovery in New Hampshire?
- What are some specific types of medical malpractice?
- My spouse recently died while being treated at a hospital. I think the hospital did something wrong, but the hospital won't release the medical records...what can I do?
Premises Liability
- Are hotels responsible for criminal acts that take place on their property?
- What is premises liability?
- I was injured on someone else's property...now what?
Dog Bites/Pet Attacks
- My child was bitten by a neighbor's dog and the neighbor refuses to pay the medical bills. What should I do?
- How many people are bitten by dogs each year?
- What is the one-bite rule?