How does uninsured motorist pay out in a claim or case when both parties have 15000/30000 full coverage auto insurance?

Asked over 1 year ago - Seaford, DE

how does uninsured motorist pay out in a claim

Attorney answers (7)

  1. Farid Yaghoubtil

    Contributor Level 11

    6

    Lawyers agree

    Answered . You are only entitled to receive uninsured, or in your case underinsured motorist after you have exhausted the other party's policy limits. Even then, your insurance company is only required to pay you if you have uninsured/underinsured coverage that exceeds what you have received from the other party. Therefore, if the other party (3rd party) has a policy limit of 15k, and your underinsured is 15k, then you would not be entitled to any more compensation from your own insurance company's underinsured motorist policy.
    You still may be entitled to medpay however. You should hire a personal injury attorney in your area.

    Farid Yaghoubtil is an attorney at Downtown L.A. Law Group - 1850 E. 15th St., Los Angeles, CA 90021. (855)385-2529.
  2. Gary S Nitsche

    Pro

    Contributor Level 3

    4

    Lawyers agree

    Answered . Um carriers can pay on more than 1 policy if there are separate uninsured tortfeasors. Also, if each um policy is with a separate carrier, not the same one , you can stack those policies if the injuries warrant. Call a lawyer with experience.

  3. Matthew C Simon

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . If both parties have insurance, it wouldn't be an uninsured motorist claim. Also, an attorney would have to review both insurance policies prior to making a determination probably.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  4. Michael R Crosner

    Contributor Level 20

    4

    Lawyers agree

    Answered . In California the UM coverage would not have to pay any additional money - the coverages do not stack. I am not aware of the law in DE - check with a local DE personal injury attorney.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  5. Larry Alan Apfelbaum

    Contributor Level 13

    4

    Lawyers agree

    Answered . In general the other answers are correct: if both cars have the same limits, UIM usually would not apply. But it would not hurt to have your insurance policy reviewed by an attorney to confirm how they define an 'underinsured vehicle'.

    I am licensed to practice law only in Illinois. Any advice that I render is for general information purposes and... more
  6. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . In Delaware, An insured who executes a release of a single tortfeasor owner or operator of an underinsured motor vehicle in exchange for payment of the entire limits of liability insurance afforded by the tortfeasor’s liability insurer shall continue to be legally entitled to recover against that tortfeasor for the purposes of recovery against the insured’s underinsurance carrier. An insured who executes a release of 1 of multiple tortfeasors shall have rights against that tortfeasor and the insured’s underinsurance carrier determined in accordance with the Uniform Contribution Among Joint Tortfeasors Act

  7. Michael W Modica

    Pro

    Contributor Level 12

    Answered . Both parties are eligible for a maximum payout of 15,000. But first must obtain policy limits from the party who caused the accident

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