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Can we utilize uninsured/underinsured motorist?

Atlanta, GA |

My fiancé received policy limits from the insured that hit him because of surgery scheduled for next week. I am primary and he is a secondary driver on my full coverage policy. Can we access my uninsured/underinsured motorist policy? If so is there an attorney willing to help us do so as we do not want to proceed with our current representation.

My fiance' signed a "Limited Release".

Attorney Answers 13

Posted

If your fiance' accepted the policy limits from the insured that hit him without obtaining a limited liability release and signed a full release, then he cannot make a claim for uninsured/underinsured motorists coverage. I would be happy to speak with you about the matter if you choose.

The above is just my opinion based upon the limited facts provided. It is not intended to be offered as legal advice nor is it intended to establish an attorney client relationship. You should seek a consultation either in person or over the phone to discuss any legal issue that you may have raised.

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Posted

We would need further information to determine if you are able to have access to your underinsured motorist coverage. We would need to review your policy and evaluate your case. Additionally, it is very important that your fiancé not sign a full and complete release that would preclude any access to your own underinsured motorist policy. This is extremely important and I would suggest that your review this critical release with your current attorney prior to any signatures. If you are not comfortable with your current representation then I would suggest speaking to a qualified personal injury attorney that is well endorsed by lawyers and past clients on AVVO.

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Posted

The fact that you have uninsured/underinsured motorist (UM) coverage is a great start. However, this does not necessarily mean the coverage will apply. Generally speaking, there are two different types of UM coverage: add-on and reduced. Depending on the type of UM coverage you have will determine whether or not the coverage will be applicable to this particular case. A comprehensive evaluation of your coverage and the other driver's coverage needs to be done, something I do on a regular basis.

(770) 427-5498

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Posted

I agree with the other attorneys that have responded. It all depends on whether your fiance signed a general release or a limited release. Please do not hesitate to contact me if you would like to discuss this matter further at 404 812 4300.

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1 comment

Peter Jonathan Ross

Peter Jonathan Ross

Posted

And let me add one more thing. If your attorney did not advise your fiance that she could get additional compensation from your UM carrier and let her sign a general release then you could have a claim against that attorney.

Posted

The answer depends on what your fiance signed. Certain release language will bar such claims. Certain release language will allow such claims. If the claim is allowed, then a determination has to be made as to whether your policy covers his situation, and whether he has enough damages to make it worth pursuing. That would require a look at documents your current lawyer has. Note that his fee agreement may require him to pay two lawyers if he changes lawyers at this point.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

You may be able to find additional coverage in all sorts of places. Consult an experienced auto accident attorney to discuss the details.

*Attorney Thomas Andrew Miller (678-907-3600) provided this Reply which is intended to be helpful to the Asker and the Avvo Community, but it does not constitute legal advice and does not create any attorney-client relationship. You are urged to seek the advice of an attorney or, in some cases, a tax professional, before taking any action. **Was this Answer helpful? Please click to give the Answer a Helpful Vote or make it the Best Answer!

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Posted

Policy limits from the tortfeasor should not be accepted unless the UIM carrier has agreed to the settlement. Your fiancée needs to discuss this issue with his attorney ASAP. If the case was settled without the permission of the UIM carrier, your fiancée has released the tortfeasor and deprived the UIM carrier of its ability to pursue the tortfeasor for any amount of money it may pay under the UIM policy. The UIM carrier will claim prejudice and probably deny coverage. If your fiancée's attorney has settled the case without protecting the UIM coverage, you should speak with another attorney about a possible legal malpractice claim against your current counsel.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.

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Posted

More info needed to evaluate. Call one of the above lawyers in your state to investigate

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Posted

To the extent that um is available & was not contractually waived and if a special kind of release called a "limited release" was executed, then most likely, yes.

I am available to assist & there are many fine attorneys on this list serve who could also help. Best wishes.

Sam Levine, Esq.
(404) 303-8875

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Posted

Since you received the at-fault policy limits, you can usually proceed against your uninsured coverage provided 1) your UM coverage exceeds the amount of the other's policy limit; 2) you have not signed a release that might prohibit you from proceeding against your own UM coverage; 3) your injuries warrant more money than the other's policy limits. Other requirements may also apply, including very specific time notifications, etc. You should have the release you signed and your entire situation reviewed by a PI atty. ASAP. Since most Avvo attys. offer a free consultation you would be foolish to not take advantage of the opportunity before you terminate your existing counsel or do anything else on your own.

Disclaimer: This response is provided to you by attorney Robert G. Rothstein (404) 216-1422 for educational and informational purposes only.No attorney-client relationship has been created hereby. Other attorneys may have different opinions or responses. If you found this response helpful, please indicate Best Answer to Avvo. Thank you.

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Posted

It really depends on the terms of settlement and the policy. Give a personal injury lawyer a call.

1-800-656-6952
Jmp@knowthelawyer.com

Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and responses here are general first impressions. You should consult with a lawyer about your problems. More about our firm is located at www.knowthelawyer.com.

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Posted

If the "limited release" that your fiance signed is in compliance with Georgia law, then he is still entitled to make a claim for UM benefits under any policy that covers him. Any auto policy he has and pays premiums for would be first in line, and he may also have coverage under other policies (for instance, policies providing UM coverage to any relative who lives with him). This is known as "stacking." You need to contact an attorney with experience handling auto accident insurance claims to make sure that he obtains all of the insurance benefits to which he is entitled.

This response does not create an attorney-client relationship with you or an offer to represent you. It is intended solely to convey general information and should not be construed as legal advice.

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Posted

First thing you should do is try to work out any difficulties you have with your current lawyer. Often times, your lawyer is working hard for you but there could be a misunderstanding and it is always best to try to work these things out prior to jumping ship. As to accessing your UM coverage it sounds as though you can give that you signed a limited release - meaning you can'y pursue the assets of the at-fault driver but can pursue any excess or UM coverage. Depending on the circumstances, it may be a situation where it is easy to get the policy limits but the difficult work of for your lawyer will be negotiating the liens imposed by any insurance companies, hospitals or doctors.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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