How is UM insurance paid out?

Asked over 1 year ago - 33573

If I get Uninsured Motorist insurance & an uninsured motorist causes bodily injury to me , how is the insurance paid out ? I have full medical coverage threw Medicare & a supplemental health insurance . If my health ins pays for all hospital & doctor charges can I use UM to pay for pain , suffering & long term nurse care ? Or does the UM insurance have to be used before Medicare & my health insurance ?

Attorney answers (6)

  1. John Michael Phillips


    Contributor Level 19


    Lawyers agree

    Answered . It really doesn't line up like that. Get treated through whatever health insurance and benefits you can. Then any bodily injury insurance and then uninsured motorist insurance will settle for the value of the claim (past medical bills, future medical bills, pain and suffering, lost wages, etc) and then medicare will seek reimbursement for a percentage of the amounts they paid out. It is called subrogation. Better yet, hire an attorney and they will negotiate all of this for you. On large cases, they can "pay" for their fee just on reductions of the medical bills they can get waived. Not to mention the landmines insurance carriers try to hit you with.

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  2. Christian K. Lassen II


    Contributor Level 20


    Lawyers agree

    Answered . You do not want to deal with recovering UM without a personal injury lawyer, as your insurance company is no longer your friend when you make this claim.

  3. George Costas Andriotis

    Contributor Level 20


    Lawyers agree

    Answered . UM takes the place of Bodily Injury coverage and can be used for future medical expenses, pain and suffering, etc.

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  4. Richard Edmund Hawkins


    Contributor Level 16


    Lawyers agree

    Answered . Your location isn't showing, and it could affect the answer.

    Generally, any entity/insurance paying your medicals will have a lien against your settlement (and medicare is brutal in this regard). If you have "medical payment" coverage, though, this generally does not impose a lien.

    Usually, providers will also work on a lien bases.

    However, there is significant variance from state to state as to what you do and don't have to reimburse.

  5. Lars A. Lundeen


    Contributor Level 20


    Lawyers agree

    Answered . Uninsured motorist coverage is administered the same way it would be if the person who struck you had insurance. Your adversary becomes your own insurance carrier. They will defend the claim just as if they had insured the tortfeasor.

    If you have PIP or Medical Payments coverage on your vehicle, that insurance will provide the first line of medical insurance, paying your bills without regard to whose fault the accident was.

    Any private or group health insurance you have will become secondary, after PIP or medical payments coverage has been exhausted. Medicare or Medicaid becomes tertiary, and becomes applicable if your private or group coverage is exhausted or does not cover a service.

    Your private insurer and Medicare or Medicaid will all have subrogation lien claims against any recovery you may make under your uninsured motorist coverage. You cannot designate the UM coverage solely to pain and suffering and ignore repayment of the medical subrogation liens. In a catastrophic injury case Medicare and other liens may be avoided or postponed if settlement proceeds are placed into a Special Needs Trust. The advisability of such a trust varies depending upon the facts.

    In this day and age, I would advise you to purchase as much underinsured motorist coverage as you can afford, as there are many individuals who do not have bodily injury liability insurance. None is required in the State of Florida.

    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.
  6. Robert Bruce Kopelson

    Contributor Level 20


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . Depends upon your state law and the types of language in the agreements. Medicare is normally the last to pay, but may pay some on what is known as a conditonal payment Your health ins may cover the bills, and it will probably want to get reimbursed for all amounts it paid. Medicare wil also seek reimbursment for what it paid. Beyond that it is best not to represent yourself. Get an atty.

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Personal injury

If you suffer a personal injury as the result of the actions or negligence of another, you may seek financial compensation for physical or emotional damages.

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