If you have been seriously injured, or if a loved one has been killed in a motor vehicle collision with an uninsured driver, contacting an attorney experienced in these matters is critically important in order to obtain all insurance benefits to which you are entitled. Also, there are situations where an injured person may claim uninsured motorist coverage from more than one insurance company. This can occur, for example, where the injured person is driving or riding in someone else’s vehicle when the collision with an uninsured motorist occurs. In this circumstance, uninsured motorist coverage may be available both from the insurer of the vehicle involved in the collision and also from the injured person’s own liability insurance company. In such cases, the rules of stacking and of “pro-rating coverage” are quite complicated.
Underinsured motorist claims
Also, you should speak to an experienced lawyer before settling your case in the event the other motorist is underinsured, to make sure you are not giving away your right to collect underinsured motorist (UIM) coverage.
UIM coverage provides that your insurance company will pay you up to a stated amount if you are injured in a collision and the other motorist does not have enough insurance to cover your full damages and losses. Your lawyer will be able to examine your policy and determine if it includes UIM coverage.
Most UIM policies provide that you cannot settle your claim against the other motorist (the “underinsured motorist”) without first giving written notice to your UIM carrier and getting its consent. Whether you can stack UIM coverage will depend on the wording of your particular policy. These are issues you will need to discuss with a lawyer experienced in these types of claims.
Contact Brill & Wagoner, P.C.’s experienced attorneys