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When injured by a wrongdoer that has no insurance or very little insurance, one can make a claim against one’s own insurance company if the injured party has UM insurance coverage.
UM Insurance (Uninsured and Under Insured Motorist Coverage) is an additional coverage that can be purchased from one’s auto insurance company. The UM coverage provides additional funds to assist an injured party when the wrongdoer either has no insurance (Uninsured) or, when the wrongdoer does not have sufficient insurance amounts (Under Insured).
It is important to remember that if the wrongdoer does have some insurance, and the case is settled, all of the wrongdoer’s policy limits must be exhausted and a properly drafted limited release be signed in order to go after the UM policy.
Additionally, many people are surprised to learn that litigation over UM policy payments are routinely disputed by the UM carrier although it is the injured party’s own insurance company. The UM carrier, generally, does not enjoy paying out money regardless of its duty to fairly evaluate the claims of its own insured.
Georgia law now allows for “stacking” of UM policies on top of and in addition to the wrongdoer’s policy provided that the injured party did not opt out of this type of coverage.
Likewise, if the injured party has multiple UM policies they can, sometimes, combine/ “stack” the policies to provide additional funds to compensate the injured party.
The area of UM Insurance is fairly complex and can sometimes mean the difference between a fair recovery and no recovery at all. Therefore, when hiring a lawyer to handle an injury matter (auto accident, trucking wreck, or other negligence) it is very important that the injured party have a discussion with the attorney about the attorney’s knowledge of UM Insurance.
At Breakfield & Dean, LLC, attorney John Breakfield welcomes anyone with any U.M. questions to call or email him. Please remember that all personal injury initial consultations are free of charge.
About the author: John Breakfield is an attorney with Breakfield & Dean, LLC in Gainesville, Georgia and handles matters regarding those injured by the negligence and fault of others. The law office of Breakfield & Dean, LLC can assist clients through out Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), White County (Cleveland), Lumpkin County (Dahlonega), Gwinnett County (Buford, Sugar Hill, Lawrenceville), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.
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U.M. Coverage (Uninsured and Under Insured Motorist Coverage)
When injured by a wrongdoer that has no insurance or very little insurance, one can make a claim against one’s own insurance company if the injured party has UM insurance coverage. UM Insurance (Uninsured and Under Insured Motorist Coverage) is an additional coverage that can be purchased from one’s auto insurance company. The UM coverage provides additional funds to assist an injured party when the wrongdoer either has no insurance (Uninsured) or, when the wrongdoe...
[Posted: 2010-01-14 21:50:03]
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