Yes. The case will proceed simultaneously with the insurance carrier for vehicle 1 and with the insured's UM policy for vehicle 2. these type of scenarios can get very complicated so your are best served by retaining an attorney.
If the hit and run vehicle caused or significantly Contributed to the cause of the incident,the UM coverages would most likely apply.
Remember that your UM carrier is neither your friend nor your good neighbor. The sole goal of any insurance carrier is to pay you nothing or as little as possible on your claim. You need to treat your carrier as if it was the opposing carrier.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.
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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.
Yes---But, it is complex. See, Security National Insurance vs. Hand (1973) 31 Cal. App. 3d, 227. In that case, two separate 3rd party tortfeasors contributed to cause an accident, with injury to Claimant, Hand, and wrongful death of Hand’s wife. One of the tortfeasors is uninsured; the other has only minimal $15/30,000 limits. Hand’s damages for his own injury, his Dillon v. Legg damages, and damages claim for the wrongful death of his wife are each in excess of the $30,000, and his aggregate damages well in excess of $60,000. He has not been made remotely whole by payment of the $30,000 from tortfeasor #2, ($15,000 for his own injuries, and $15,000 for the wrongful death claim for his wife.)
The legal issue there was: Do anti-stacking rules apply? Can claimant recover the $30,000 from one of the 3rd parties, and still recover the additional uninsured motorist benefits as against the other 3rd party tortfeasor?
The Court held: The anti-stacking rules did not apply, because the policy could be applied, without set-off or reduction, as against the totally uninsured driver. The court’s primary concern, so long as it did not conflict with the wording of the statute, was to make Hand as whole as possible, within the confines of his policy limits.
The facts of your case are not entirely clear from your question. In addition, there is an extra layer of complexity given the "Hit and Run" aspect. You will require legal assistance on this 100%.
If you get a chance, tak a look at my website and Unisured Motorist/Hit and Run blog posts.
Los Angeles Uninsured Motorist Attorney
This scenario is complex and may likely require a lawyer and litigation because the UM/UIM carrier will probably argue that because Vehicle 1's insurance policy exceeds the UIM policy limit, that the UM/UIM coverage does not come into play. However, the UM coverage should be invoked due to the negligence of the uninsured driver (if Vehicle 1's policy does not fully compensate the injured). You should consult an attorney to discuss the issues and facts in detail and so that he/she can review the insurance agreement.
Yes, uninsured motorist coverage should be used for all hit and run claims
The AVVO response or other communication by Caruso Law Offices does not create an attorney-client relationship. Please call us at 505-883-5000 for a FREE CONSULTATION with an attorney. We look forward to discussing your case in more detail.
When a person is injured as a result of a hit and run accident, without identification of the person responsible, these coverages would apply. They are designed to protect the insured, and named person(s) on the policy, including household members. If you were involved in a hit and run accident and suffered an injury, I urge you to protect your rights and contact an experienced personal injury attorney as soon as possible so the appropriate action can be taken to protect your rights.
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