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-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
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.
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 does not create an attorney-client relationship. Also it is very important to keep in mind that all legal claims have statues of limitation to file that cannot be missed. A local attorney should be consulted to learn the time limits applicable to a particular claim.
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.
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
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