What Is Underinsured Motorist (UIM) Coverage?
Underinsured motorist (“UIM”) coverage is a special type of car insurance that can provide additional money compensation for injuries and damages from a car crash when the at-fault driver does not have enough insurance. Claims for UIM coverage are against your own insurance company. As Kansas City car accident lawyers for nearly two decades, we’ve handled many such cases. Here are a few of the unique aspects of UIM cases that we’ve seen throughout the years.
Your Policy Limits May Not Be What You Expect
Your policy limits may not be your actual policy limits. Most underinsured motorist policies require a setoff where the limits are reduced by any money compensation you get from the at-fault driver. Offsets must meet certain requirements under the law to be valid. Most of the time they are. So, if your UIM policy limits are $100,000.00, and you recover $25,000.00 from the at-fault driver, then with proper off-set language your UIM coverage may be limited to $75,000.00.
Most UIM Lawsuits End Up in Federal Court
Most UIM lawsuits end up in Federal court. If you can’t settle your UIM claim, your only hope for more money is to file suit and get a money judgment against your insurance company. That usually requires a jury verdict, though sometimes the cases are tried to a judge. Because most insurance companies are probably not “citizens” of the same state as you, they have the right to remove any lawsuits against them to Federal court. It is more difficult to get a judgment against an insurance company in federal court than it is in state court.
Insurance Companies Want to Avoid Trial
Insurance companies are universally disliked. If your case does go to trial, then it is likely that you will win and that you will get the verdict you asked for. Insurance companies will try very hard to keep your case from going to trial because they know they are disliked. This means they typically fight tooth and nail to get your case kicked out on legal grounds. However, if they must face a jury, then chances are they will try and settle.
Get the Compensation You Deserve
These are but a few of the unique aspects of UIM cases. If you or a loved one have been hurt in a car crash and the at-fault driver does not have enough insurance to cover your injuries and damages, please contact MRH Law. We are Kansas City car accident attorneys who’ve handled many UIM cases and know how to maximize their value.
More Resources
Underinsured Motorist Insurance (UIM) Stacking in Missouri & Kansas
The Difference Between Missouri State Courts and Federal Courts in Personal Injury Cases