As a practicing personal injury lawyer for over 27 years, I have seen it many times. I never get used to it. It’s awful and made worse by the fact is that it is completely avoidable. In a typical scenario, a client is involved in a devastating car wreck. The wreck is not their fault; the client is badly injured, and they incur medical expenses and lose income. Their injuries have permanent consequences, but the person who caused the accident only has the minimum state-required liability coverages or $ 25,000 (in both Missouri and Kansas), and the client failed to purchase underinsured motorist coverage. In such a case, the client’s compensation is limited to the inadequate liability coverage of the person who caused the collision.
Underinsured Motorist Insurance (UIM) is coverage that steps in to pay your damages if you are injured in an accident with a person who is at fault. Still, they have liability coverage to compensate you for your damages adequately. Underinsured Motorist Coverage is not required in Missouri. In Kansas Underinsured coverage is treated the same as Uninsured Motorist coverage (which is required) and is therefore sold with all policies.
It is important when you purchase any insurance coverage that you read your policy and discuss it with your agent, so you know exactly what you are getting or not getting. This is especially true of Underinsured Motorist coverage. Each policy can be different regarding the amount of coverage offered. Examples of this include how the policy defines an Underinsured motorist and whether the UIM carrier can offset or take a credit for any amounts that have been paid by the underinsured motorist’s insurance company.
Here is, however, a typical example of how underinsured motorist coverage could be used in a Missouri claim. The injured person has damages of $100,000, and their UIM policy has an offset provision. The at-fault driver has liability limits of $ 25,000. In this scenario, the injured person could accept the at-fault driver’s limits or $ 25,000 and then make a claim against their own UIM carrier for the remaining $ 75,000 in damages.
In both states, certain procedural requirements have to be observed when settling a case against an underinsured motorist. Failing to observe these requirements can cause you to forfeit your right to make a UIM claim. Consultation with an experienced personal injury lawyer is a requirement to make sure your UIM claim is properly preserved and presented.
There are lots of drivers on the road that are not adequately insured. Protect yourself and your family by purchasing Underinsured Motorist Coverage. If you are involved in a motor vehicle collision and want experienced advice and representation, contact the Pottenger Law Firm.
Insurance companies have a bottom line that they want to protect, so it’s important to have a lawyer help receive just compensation. At The Pottenger Law Firm, we understand that your entire life can be altered in a single accident. With 25+ years of experience, we can get you the compensation to cover your medical bills, loss of wages, and other expenses. Call us at 816-531-6006, or send us a message to arrange a free consultation.
