What Does Uninsured/Underinsured Motorist Coverage Mean? This is a question you most likely never asked yourself. Most people do not know what these terms mean. There is no reason that you should. However, if you are reading this article, it is likely that you have been in an accident. If an “underinsured” driver injured you, it impacts your recovery. This means that someone who has insurance, but does not have enough insurance. Enough insurance means that the policy cannot fully compensate you given the facts of your case and your injuries. In New York, you can get reimbursement under your own insurance policy. You will use “underinsurance” or “UIM” coverage. And you can recover under your own policy so long as your underinsured driver coverage is greater than the negligent driver’s policy limits.
How Does it Work?
Understanding What Does Uninsured/Underinsured Motorist Coverage Means is important to your case. So how does an underinsurance claim work? In order to trigger an underinsurance claim on your policy certain facts must be true. First, that the car that hit you has a lesser policy limit than your underinsurance limit. Next that the other driver has to be found at fault for the accident. Also, and you must have a complete “tender” of the at fault driver’s insurance policy before you are able to reach and make a claim on your underinsurance policy. Additionally, it is always a fact that your injuries must meet the threshold requirements in New York for the bringing of a claim. Notice to your insurance carrier that you intend on making a claim under your own policy is something that we must make sure complies with your policy requirements. Giving notice to your insurance carrier, in writing, within 30 days is a good rule of thumb.
What Does Uninsured/Underinsured Motorist Coverage Mean for Me?
So in your question you have a 100/300 underinsurance policy while the at-fault driver has a 25/50 policy. Let’s set the value of your injuries to be $100,000. Once the negligent driver “tenders” their policy – gives you the $25,000 – then you can make a claim against your underinsured driver policy for $75,000.
We deduct the policy amount from the negligent driver. Can you collect under your underinsurance coverage? This is where things may get a little hairy with your own carrier.
Your carrier has been put on the defensive in this accident not only against the driver and carrier of the car that hit you, but also against you, their own policyholder as well. While Nationwide may be on your side you can bet their adjuster may not!
We here at the Platta Law Firm know how yo answer the question: What Does Uninsured / Underinsured Motorist Coverage Mean? We know we are going to have to prove your claim for damages against not only against the at fault driver’s insurance company but against your insurer as well. The firm understands that this claim will trigger certain clauses in your own insurance contract . Therefore you may have additional requirements or duties under that contract. Some of these will include what is known as an “EUO” or Examination Under Oath. Additional medical exams by doctors that are picked by your own carrier, etc. We have experience in all aspects of tort litigation . This includes insurance coverage issues that arise in your case. Contact us, we can help.
