Auto Insurance Claims: UIM, professional errors, policy maximum

Question
QUESTION: Hello,

Last September I was involved in a pedestrian-auto accident. I finished all my treatments and have been offered a settlement. The other insurance company has offered me $25,000 which is their clients policy maximum per person. I was injured during my lunch break and my employer has placed a $15,800 lien on the settlement. I will be left with the rest however it isn't sufficient to cover my losses. I tried opening up a UIM claim with my insurance however I was denied. I was denied because my fiance and I are not married. I'm going to see an attorney because I'm on the insurance and when my fiance added me she explained to them that I was to have the same coverage. In our culture we are married however I'm not sure if our insurance company will accept it. Any suggestions? Can I ask my employer to release the worker's comp lien? I work for a major hospital and we are self insured. If I sue the other person what will we go after?

Thanks!

ANSWER: You should be eligible for UIM on your fiance's policy if you are a resident relative of the named insured.  I'm assuming she is the named insured.  Normally, you would need to reside with her and be related by blood or marriage.  In some states, you are considered married by common law if you reside together for a period of time.  You should check your state laws on google.  As far as whether they accept your culture, that is not really an issue; it comes down to what the law in your states says.

If you think you should  both be considered named insureds, and you think the agent made a mistake issuing the policy, that is another matter.  You could sue the agent for professional errors and omissions.

You can ask your employer to release the lien, but they do not have to.  They might consider reducing it if you explain the circumstances and they want to resolve the matter.  Contact the person who sent you the lien letter about this.

If you file a lawsuit, you would probably name as defendants the other driver, the UIM insurer, and the agent.  You would go after the personal assets, if any exist, of the other driver.  You would seek to have the court deem the UIM coverage applicable to you.  You would seek damages from the agent for mis-writing the policy.

I agree that you will need an attorney as this is complicated.  I would seek referrals from friends, relatives, or the local bar association for personal injury attorneys.

---------- FOLLOW-UP ----------

QUESTION: Hello,

I asked my insurance adjuster for the name of the agent who helps us and he was very reluctant.He told us we bought the policy online however when I was added to the policy, we spoke to someone.He also advised me that the conversation was recorded and I asked him for a copy of it.I recently sent him a letter and he called me back stating they were translating the conversation to paper.He also explained to me that they haven't denied me coverage and a manager was looking in to it.He told me to be a named insured we would have had to cancel our policy and open a new one.That would have not been a problem if they would have informed us.My finance added me to the policy because I use the car more than her.She was laid off and didn't have to go to work.I use the car to pick-up my daughter 70 miles away, every other week.
Any other suggestions?

Thanks!

Answer
Ask to speak to the manager and ask for a quick resolution.  Be persistent but polite.  Do not be rude, as you do not want this to become adversarial.

It sounds as though you bought your policy from a direct writer without an agent.  This is why I do not recommend this - insurance is too important and I think you should have a professional agent who provides you advice and guidance.  I'd suggest shopping for a new insurer.

If they deny your claim, you will need a lawyer.