Underinsured or Uninsured Motorist Coverage (UIM/UM)
UIM insurance, or Underinsured Motorist Insurance, protects you and your family if a driver causes more injuries than he or she has insurance to pay. UM insurance, or Uninsured Motorist Insurance, covers you or your family in the event the at fault party has no insurance for the accident. For example, if a truck driver has $25,000.00 worth of insurance, but you suffer severe and debilitating injuries resulting in $50,000 in medical expenses and wage loss, how will you recover these damages? If you have UIM insurance, your UIM insurance pays this difference – in accordance with the terms of your policy. If the at fault party has no insurance at all, you have the right to make a claim with your own insurer under your UM coverage. UM and UIM are types of “first party” insurance (like life insurance, health insurance, and homeowner's insurance), through which your insurance company makes a promise to you to pay your claim up to the uninsured motorist policy limits.
Your insurance company has a duty of “good faith and fair dealing” associated with handling any claim under your UM or UIM policy of insurance. An insurance company's obligation to be fair, honest and prompt in handling claims under your UM or UIM insurance coverage is a very important part of every automobile insurance policy.
One fact pattern where UM coverage can also come into play, is a “hit and run” accident, where the at-fault party leaves the scene and you did not obtain any identifying information (i.e., license plate, etc.). This is also known as a “phantom car” accident, and under most circumstances should be covered under your UM insurance coverage. Essential to such claims is the ability to prove that the accident was caused by the actions of some other unknown driver, for example when a car cuts you off and forces your car into a ditch, etc.
Claims under the UM or UIM portions of your automobile insurance must be made in a timely fashion or risk being waived. In the event you have been involved in a serious accident and you believe the responsible party either has no insurance or possibly inadequate insurance, it is important for you to promptly contact an experienced personal injury attorney to help you deal with these insurance issues and ensure that your rights and claims are properly preserved and protected. Please feel free to contact me for a free initial case evaluation to discuss your potential claim and to help you understand your rights and obligations in making a UM or UIM claim.