Hogan Injury > Blog > UIM claim

Understanding Under-Insurance Benefits

By | June 13th, 2013

QUESTION: My client is in a friend’s car. The friend causes an accident with a truck. The truck is also partially at fault. Friend’s policy limit of $15,000 was offered and truck offers $45,000. The client has UIM of $100,000. Can I make UIM claim here ($40,000) even though policy limits of truck are not exhausted? Ins. Code 11580.2 (p) 3&4 seem to apply but they seem to contradict each other. ANSWER: The insured’s right to under-insurance benefits does not accrue until after he or she exhausts the tortfeasor’s policy.

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Getting Policy Limits from Two Parties at Fault

By | June 13th, 2013

QUESTION: If you are making an under-insured motorist claim and there are two parties at fault, do you have to get policy limits from both parties before you can make your UIM claim? ANSWER: It would be important to get the policy limits of each party at fault because the Under-insured Motorist Coverage is triggered only if the tortfeasor’s (other driver’s) policy limits are less than claimant’s policy limits [Ins.C. §11580.2(p)(2)]. Thus, claimants are not entitled to under-insured motorist policy benefits where the tortfeasor has the same or higher policy.

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