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Recovering Amounts Beyond The Policy Limits of Negligent Underinsured Drivers

If you are injured in a serious car accident, your damages will often exceed the limits of liability coverage in the at-fault driver’s insurance policy. If this happens, his or her insurance company can “tender” the limits of their policy, and, if the at-fault driver does not have significant personal assets, this may be all you can recover from him or her. In many cases, though, the attorneys of Maginnis Law, PLLC can assist you in making an additional claim under your own automobile insurance policy.

Depending upon the limits of coverage in your insurance policy, you might be able to make a claim for additional damages (including pain and suffering) under its underinsured motorist coverage (UIM) provisions. All North Carolina policies are required to contain such coverage. UIM allows you to recover from your own insurer an amount up to the difference between your policy’s UIM limits and the liability limits of the at-fault driver (IF the at-fault driver’s insurance company “tenders the limits” of their policy).

If you have sustained personal injuries because of an automobile accident with an underinsured driver, and would like to discuss your options, call Maginnis Law, PLLC. The firm offers free consultations for all personal injury cases, including all motor vehicle accidents, and it handles such cases on a contingency basis. You pay no attorneys’ fees unless you recover. The firm can assist in presenting your personal injury claim to both the at-fault driver’s insurance company and your own.

Maginnis Law, PLLC accepts personal injury cases in Cary, Apex, Clayton, Wake Forest, Morrisville, Durham, Alamance, and the rest of the Triangle area. Please contact the firm at 919.480.8526 to speak with a personal injury attorney or visit the firm’s website at You can submit a new case inquiry by going to