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UNINSURED/UNDERINSURED MOTORIST PROTECTION-WHAT IS IT AND HOW CAN IT HELP ME

Posted by Sergio Villasana | Oct 08, 2024 | 0 Comments

In my opinion Uninsured/Underinsured Motorist Protection is the most important auto coverage outside liability coverage that a person may purchase.  Uninsured Motorist Protection(UM) covers people and their property against uninsured drivers.  For UM to apply several conditions/elements must be met.

  1. There has to be contact with a vehicle;
  2. The other motorist has to be at fault;
  3. A police accident report is required; and
  4. The at fault driver and/or vehicle is not insured or flees the scene of the accident and cannot be located.

Underinsured Motorist Protection (UIM) applies when the at fault party has insurance but does not have sufficient funds in his/her insurance policy nor assets to cover a person's damages/injuries. For UIM to apply the following must be met.

  1. There has to be contact with a vehicle;
  2. The at fault party does not have sufficient funds in his/her police to cover injuries or damages;
  3. A police accident report is required; and
  4. Generally must get permission from the UIM Insurance Carrier to settle prior to settling with the at fault party's insurance carrier. The UIM carrier may check for extra insurance coverage or assets the at fault party may have.

Who can make a claim for UM/UIM?

If you carry UM/UIM coverage and the above conditions are met then the following may present a UM/UIM claim.

  1. The insured;
  2. Members of the insured's household'
  3. Driver and passengers in the insured's vehicle;
  4. The insured/members of the insured's household if in a different vehicle; and
  5. A pedestrian/bicyclist who is the insured/members of the insured's household that was hit by a motor vehicle. 

In Texas an insured motorist has uninsured motorist protection unless he/she denies/waives it in writing.  Check with your auto insurance agent if they have your signed or initialed denial/waiver of UM Coverage in writing. Note sometimes an auto insurance agent may have you sign documents without even explaining that you are signing/initialing a denial/waiver of UM Coverage. 

Be careful with UM coverage.  Most insurance carriers when an individual purchases UM the carrier will provide both Bodily Injury and Property Damage Coverage.  However, there are some carriers that will have the person purchase UM Property Damage and UM Bodily Injury separately. 

UM/UIM coverage is inexpensive, may be purchased with your auto insurance agent and added to your insurance auto policy.

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