Can I recover both Uninsured & Underinsured Motorist insurance on my own policy in one accident w/ 2 other cars?

Asked about 2 years ago - Phoenix, AZ

I was in a multiple car accident in which I was 0% at fault. Two cars collided and one of them hit me. One car was uninsured and the other car was underinsured. I have UM and UIM on my own policy. There were multiple injured parties and the 5 bodily injury damage claims will exceed the 15/30 limits on the underinsured's policy. My insurer says that it will pick up 60% of my injuries under my UM provisions because the uninsured driver was adjudged 60% liable.My insurer advised me that I myself, would have to go after the underinsured carrier for the remaining 40%. Shouldn't my UIM policy cover the other 40% if my damages exceed what is left under the tortfeasor's underinsured policy after all injured parties are paid? In other words can I recover UM and UIM from my policy?

Attorney answers (6)

  1. Adam C Kent

    Contributor Level 11

    7

    Lawyers agree

    Answered . In the scenario you describe in Arizona, a good injury attorney should be able to recover 100% of your damages from the available insurance coverages (assuming UM/UIM limits are adequate). Insurance companies do not just hand over money when they can avoid.

    You really should contact an attorney to handle this for you. An attorney can put the right pressure when and where it's need. Also, an attorney involved will be able to carefully monitor all case progression and jump on your insurance should they breach your contract or act in bad faith.

    www.Kent-Law.org --When Results Matter Most-- 480-359-KENT(5368)
  2. Sarah Janelle Michael

    Contributor Level 9

    5

    Lawyers agree

    Answered . You should seek an attorney to represent you and make sure you receive all of the compensation available to you. I offer free consultations, and would be happy to speak with you in more detail.

  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . You shouldn't try to deal with this, as you could sabotage your claim. Retain a good personal injury lawyer who will hopefully be able to recover the limits.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Kevin Coluccio

    Contributor Level 20

    5

    Lawyers agree

    Answered . This is a complex question and the issues need to be carefully considered. You should retain a local attorney. I think you can argue that the negligent "event" was underinsured and that your coverage should be globally applied to your claim, but these issues need to be addressed by an attorney reviewing the policy and the facts.

  5. Constantine D. Buzunis

    Contributor Level 17

    5

    Lawyers agree

    Answered . This is not a simple matter, you should retain an experinced lawyer in your area!

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  6. Michael Shemtoub

    Contributor Level 17

    5

    Lawyers agree

    Answered . You should contact a local attorney.

    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com

    www. KingofPersonalInjuryLaw.com

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    Check out my website below and give me a call for a free consultation if you are a California resident 877-427-... more

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Personal injury

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