Using our underinsured claim on our policy

by white6393 » Tue Sep 29, 2009 11:02 pm

Louisville Kentucky no fault state, wife had broken leg due to a driver running redlight. His limits on his policy $100k, if we settle for $85K can we use our underinsured motorist portion that we have of $50K? I was told by my insurance rep we had to take away $15K because we didn't use the full $100K. Could I use both underinsured claims by using our second car which also has the underinsured part? Thanka you

Total Comments: 3

Posted: Tue Sep 29, 2009 11:11 pm Post Subject:

limits on his policy $100k, if we settle for $85K can we use our underinsured motorist portion that we have of $50K?

No because the other (at fault) party is not UNDERinsured...

I was told by my insurance rep we had to take away $15K because we didn't use the full $100K. Could I use both underinsured claims by using our second car which also has the underinsured part? Thanka you

nope, in order for your underinsured motorist coverage to kick in the injury to your wife would have to be OVER their 100k limits. Even if it were, you do understand that does not automatically mean that you will be entitled to your full UIM limit of 50k right?

Posted: Tue Sep 29, 2009 11:51 pm Post Subject: Wife

I should have added that my wife has life time 7 screws and a plate in her knee, and her Doctor has told her there will be lifetime problems, example she goes up one step at a time, gets out of cars and tight places slowly. Her case is worth more than $100k, and thats where the UIM question came in to play, sorry about leaving stuff out and thanks for the respond.

Posted: Wed Sep 30, 2009 11:11 am Post Subject:

I understand totally, and I wasn't saying her injury isn't worth more than 100k. But you have to get the at fault parties limit before your UIM will come into play.

Another thing, do NOT sign a release with the at fault party (even for 100k) without your carriers (written) concent. To do so could also compromise any UIM claim.

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