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Study Notes
UM/UIM Coverage Situations
- UM (Uninsured Motorist) and UIM (Underinsured Motorist) coverage applies when the insured is involved in an accident caused by a driver with insufficient or no insurance coverage.
- Coverage can also apply if an accident occurs hit-and-run or when an insured vehicle is struck by an uninsured vehicle.
- If the client is a passenger, UM/UIM coverage may apply if the vehicle they were in has applicable coverage or if they have their own UM/UIM policy.
Situations Leading to Non-Application
- UM/UIM coverage may not apply if the insured is driving a vehicle not covered under their policy.
- Situations where the insured did not maintain required insurance or when fraud is involved may also lead to non-application.
- Consult with an adjuster to explore coverage options in ambiguous situations.
Policy Limits and Recoveries
- With a UM/UIM policy of 100/300 and a defendant's policy limit of 25/50, potential recovery can be limited due to the lower limit of the defendant’s policy. Exact recovery amounts depend on fault and the extent of damages.
- For DEF policy limits of 50/100 and a UM/UIM policy of 25/50, the potential recovery per person may be capped at 25,000, depending on damages incurred.
- The policy limits for UM/UIM coverage do not automatically combine with the defendant's liability limits; each operates independently concerning recovery amounts.
Misconceptions About UM/UIM Coverage
- A common misconception is that UM/UIM coverage will pay out as much as defendant's liability coverage; however, these limits are distinct and not cumulative.
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