Uninsured Motorist Claims
Uninsured motorist insurance ('UM') covers you in the event that another driver causes an automobile accident and that driver either has no bodily injury insurance or has less coverage than the value of your claim. UM is important insurance to purchase because often the most irresponsible drivers have little or no insurance. As Jacksonville accident attorneys, we have noticed this is especially the case with drunk drivers.
Often, our clients think they purchased UM coverage because they understand they have "full coverage." To the contrast, "full coverage'' usually means the absolute minimum required by Florida law. Florida law only requires personal injury protection and property damage coverage.
UM claims are similar to car accident claims with several important exceptions. First, the client has an obligation to cooperate with his or her insurance company that he or she would not have with the other driver's insurance company. For example, The UM insurer has the right to obtain your records and take a statement from you.
Filing suit in UM cases also involves some important differences. The defendant in a UM case is the insurer itself. In contrast, in a case against an at-fault driver, that driver is the named defendant in the lawsuit and the jury is not allowed to be made aware that the driver has any insurance at all.
The statute of limitations for a UM case is five years instead of four for a case against an at-fault driver. This can present a pitfall; however, because if you allow the at-fault driver to be released from liability by the expiration of the statute of limitations, your insurer will lose its ability to recover the amounts it may be obligated to pay you and your claim can be compromised by causing the UM insurer to lose the ability to pursue that driver.
Also, if you settle with the at-fault driver with the intent to pursue your UM coverage for the value of your claim above the at-fault driver's bodily injury coverage limit, you must get approval from the UM insurer to enter into the settlement. Again, this is because the UM insurer has the right to pursue that driver for any amount it pays you. The UM insurer can opt to pay you the amount of the at-fault driver's bodily injury coverage in addition to the value of the UM claim and thus, prevent the release of the at-fault driver. This allows the UM carrier to later purse that driver for the damages it pays.
The attorneys with our firm have handled UM claims in the Jacksonville area for more than fifteen years. Please let us know if we can help you. Consultations are always free.