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 r
outinely 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 means 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.
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.
