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Uninsured and Underinsured Motorist
Uninsured
motorist coverage is a form of insurance that pays
compensation for bodily injury or death which results from
an accident caused by the operation of a motor vehicle which
was not insured on the date of the collision. Underinsured
motorist coverage pays compensation for bodily injury or
death that results from an accident caused by a motor
vehicle which was insured on the date of the collision but
its limits are lower than your underinsured motorist
coverage limits or the damages which you have suffered in
the collision.
While the two
coverages are similar, they are also quite different.
Uninsured motorist coverage stacks, letting you collect not
only on the vehicle involved in the accident but also on
your other insured vehicles as well. Underinsured motorist
coverage usually will not stack. Also, while no consent to
settle is necessary on an uninsured motorist claim, you must
usually obtain advance consent to settle from your own
carrier before settling with the other insurance carrier if
you intend to assert a claim for underinsured motorist
coverage under your policy.
Statute of Limitations for
Uninsured/Underinsured Motorist Cases
In some states, uninsured and
underinsured motorist cases have a longer Statute of
Limitations than the limitations period which would apply to
cases which must be brought against the party causing the
accident. Missouri, for example, allows a personal
injury action on an uninsured motorist claim to be brought
anytime within 10 years of an accident compared to a 5 year
period in which suit must be brought against the party
who caused the injury.
It must be noted, however,
that uninsured motorist cases which result in death often
have a different Statute of Limitations than
uninsured motorist claims which result in personal injury.
In Missouri, uninsured motorist cases which result in death
have a 3 year Statute of Limitations in which to bring suit.
If you or a family member has
been injured in an accident with an uninsured or underinsured
motorist within the past 10 years, or if a member of your
family has been killed in an accident caused by an uninsured
or underinsured motorist within the last 3 years, it is important that you contact an
experienced attorney before you lose valuable legal rights.
Contact an Experienced Attorney
If you have questions about an injury or a loss we will be
happy to answer those questions at no obligation.
For a FREE CONSULTATION
to discuss your case call
1-800-491-8133 or visit our
contact page.
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