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

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. 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.


  2. 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. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.


  3. 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)


  4. 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


  5. 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

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

    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 I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  6. 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.

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