UM and UIM Coverage - QUIZ
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Questions and Answers

What is the primary purpose of UM/UIM coverage?

  • To cover legal fees for motor vehicle collisions.
  • To provide compensation when the defendant's insurance is insufficient or nonexistent. (correct)
  • To reduce insurance premiums.
  • To ensure faster claim processing.

When does a UM claim typically arise?

  • When the defendant's insurance denies liability.
  • When liability coverage exceeds the damages.
  • When the defendant's identity is unknown or the vehicle has no insurance. (correct)
  • When the defendant is underinsured.

What is the key difference between UM and UIM coverage?

  • UM applies when the defendant has insurance; UIM applies when the defendant does not.
  • UM applies when the defendant has no insurance; UIM applies when the defendant's insurance coverage is less than the plaintiff's policy limits. (correct)
  • UM requires a signed waiver, while UIM does not.
  • UM is only for bodily injuries; UIM is for both injuries and property damage.

How can uninsured and underinsured motorist coverage be waived?

<p>By signing a document in the form required by the Insurance Code. (C)</p> Signup and view all the answers

Which of the following is NOT covered under UM/UIM if the coverage is not waived?

<p>A friend driving the insured vehicle. (B)</p> Signup and view all the answers

What is the maximum potential recovery in a scenario where the defendant's policy limit is $25,000/$50,000 and the UM/UIM policy limit is $50,000/$100,000?

<p>$50,000 per person and $100,000 per accident. (D)</p> Signup and view all the answers

What is the "anti-stacking" rule in the context of UM/UIM coverage?

<p>It prohibits using multiple UM/UIM policies to exceed the highest limit available. (A)</p> Signup and view all the answers

In a scenario where a client is a passenger in a vehicle owned by someone else, when does UM/UIM coverage apply?

<p>When the vehicle has UM/UIM coverage or the client has their own policy. (A)</p> Signup and view all the answers

If a client owns a vehicle but does not have insurance, can they use someone else's UM/UIM policy if they live together?

<p>No, because owning an uninsured vehicle disqualifies them. (D)</p> Signup and view all the answers

Why is it important to ensure the medical records are strong enough to pursue a UM/UIM claim?

<p>To demonstrate the need for higher compensation. (B)</p> Signup and view all the answers

Flashcards

UM/UIM Coverage

A type of insurance coverage that protects you in case of an accident with an uninsured or underinsured driver.

Purpose of UM/UIM Coverage

The main purpose of UM/UIM coverage is to provide compensation if the other driver's insurance is inadequate or nonexistent.

When UM Claims Arise

A UM claim occurs when the at-fault driver has no insurance or insufficient coverage to cover your losses.

When UIM Claims Arise

UIM coverage applies when the at-fault driver's insurance coverage is less than the amount of your damages.

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Difference between UM and UIM

UM coverage is for accidents where the other driver has no insurance and is at fault. UIM is for accidents where the at-fault driver's insurance is insufficient to cover your losses.

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Waiving UM/UIM Coverage

You can waive UM/UIM coverage in writing, following the insurance code requirements.

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Who's Covered under UM/UIM

UM/UIM coverage typically includes your spouse, relatives living in your household, and even friends who have your permission to drive your vehicle.

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Maximum Recovery from UM/UIM

The maximum amount you can recover from a UM/UIM claim is usually capped by the limits of your own UM/UIM policy.

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Anti-stacking Rule in UM/UIM

The 'anti-stacking' rule prevents you from combining multiple UM/UIM policies to exceed the highest policy limit.

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UM/UIM Coverage for Passengers

UM/UIM coverage typically applies if you are a passenger in someone else's vehicle, as long as you have coverage on your own policy or the vehicle has it.

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UM/UIM Coverage for Uninsured Owners

If you own an uninsured vehicle but live with someone who has UM/UIM coverage, you may be covered under their policy depending on the specific circumstances.

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Importance of Medical Records for UM/UIM Claims

Strong medical records are important for pursuing UM/UIM claims because they demonstrate the extent of your injuries and the need for compensation.

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Liability Insurance

Liability insurance, typically required by law, covers damages you cause to others in an accident.

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Collision Coverage

Collision coverage, typically optional, covers damage to your own vehicle in an accident, regardless of who is at fault.

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Comprehensive Coverage

Comprehensive coverage, also optional, protects your vehicle against damages other than collisions, such as theft, fire, and natural disasters.

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Personal Injury Protection (PIP)

Personal Injury Protection (PIP) coverage, often required in certain states, provides benefits like medical expenses and lost wages following an accident, regardless of fault.

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Deductible

A deductible is the amount you pay out of pocket for a covered claim before your insurance kicks in.

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Premiums

Premiums are regular payments you make to maintain your insurance coverage.

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Insured

The insured is the person or entity covered by the insurance policy.

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Insurer

The insurer is the insurance company that provides the insurance coverage.

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Claim

A claim is a request for compensation from your insurance company for a covered loss.

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Policy Limits

The policy limits are the maximum amounts your insurance will pay for covered losses.

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Tort

A tort is a civil wrong resulting in harm to another person, property, or reputation.

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Negligence

Negligence is a failure to exercise the care that a reasonable person would exercise in a similar situation.

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Comparative Negligence

Comparative negligence is a legal doctrine where the plaintiff's negligence is considered when determining their damages.

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Statute of Limitations

Statute of limitations is a legal deadline for filing a lawsuit.

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Damages

The amount of money awarded to the plaintiff in a lawsuit to compensate them for their losses.

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Subrogation

Subrogation is the right of an insurer who paid a claim to step into the insured's shoes and pursue legal action against a third party.

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Study Notes

Uninsured Motorist (UM) and Underinsured Motorist (UIM) Coverage

  • UM/UIM coverage purpose: To provide compensation when the at-fault driver's insurance is insufficient or nonexistent.

  • When UM claims arise: When the at-fault driver's insurance denies liability, when the driver is underinsured, when their identity is unknown or if they have no insurance.

  • UM vs. UIM difference: UM applies when the at-fault driver has no insurance, while UIM applies when their insurance is less than the injured party's policy limits. UM covers bodily injury, while UIM covers both bodily injury and property damage.

  • How UM/UIM coverage can be waived: By signing a document as required by the Insurance Code. Waivers should not be done verbally, through text or by failing to make monthly payments.

  • What is NOT covered under UM/UIM (if not waived): Legally married spouses, relatives in the same household, and friends driving insured vehicles. Heirs of the insured in wrongful death claims are typically covered.

UM/UIM Policy Limit Scenario

  • Policy Limit Example: If the at-fault driver's policy limit is $25,000/$50,000, the most you could recover from their insurance is $25,000 per person and $50,000 per accident.

Anti-Stacking Rule

  • Anti-stacking rule: Prohibits using multiple UM/UIM policies to exceed the highest available limit.

Passenger Scenarios

  • Passenger UM/UIM coverage: UM/UIM coverage applies if the vehicle has UM/UIM coverage, or if the passenger has their own policy. The driver's fault, or living situation is not the key to determining coverage.

Insurance Without Coverage Scenarios

  • Uninsured vehicle and shared UM/UIM coverage: A person owning an uninsured vehicle cannot always use another person's UM/UIM policy, even if they live together. Conditions may apply for coverage in this situation, so it is important to check the legal requirements of the applicable area.

Importance of Medical Records

  • Value of medical records: Strong medical records are critical to support UM/UIM claims, by supporting the need for higher compensation. Medical records prove the need for compensation and avoid unnecessary legal fees.

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