Uninsured and Underinsured Motorist (UIM) coverage is an essential consideration for any motor vehicle-related injury claim. A thorough understanding of UIM/UM law can ensure you are not leaving money on the table. This involves discerning the nuances and potential complications of coverage limits, liability, policy language, and regulations.
Our attorneys are experts at maximizing client recoveries in serious car accident cases involving uninsured or underinsured drivers. We understand common insurance company tactics and their deceptive practices. We know what to ask, what to watch out for, and ultimately, how to aggressively prepare for and win these cases by settlement or trial.
Here are just a few questions we consider to maximize client recoveries.
- Are there multiple tortfeasors? If more than one tortfeasor is involved, then your client’s UIM coverage may be compared to each uninsured/underinsured tortfeasor individually. This can result in a higher UIM payment than if there were just one tortfeasor (although still capped at the maximum UIM coverage amount listed on the policy).
- Are there multiple UIM policies? Was your client on the job? Were they driving someone else’s vehicle? Are they a passenger in someone else’s vehicle? Do they have a “Florida vehicle” and a “New England vehicle”? Certain situations can sometimes result in coverage under both a client’s personal UIM policy AND another UIM policy. “Stacking” UM policies can make a huge difference. There are also anti-stacking policy exclusions to watch out for. In that case, it becomes important to know which policy is primary and whether multiple tortfeasors are involved.
- Note – if they were on the job, then workers’ compensation can become a factor. Fortunately, under some circumstances, a client’s personal UIM coverage is excluded from workers’ compensation liens.
- Are there multiple claimants? Does the policy provide a “per person” AND “per accident” limit, or just a single “per accident” limit? Extra coverage can be triggered in “multiple claimant” cases under 24-A M.R.S. s 2902(6). Multiple claimants on the same UIM policy can further complicate matters and affect how much their UIM insurer is permitted to offset for any payments made by the uninsured/underinsured driver.
- Whose household does the claimant belong to, and are they a member of more than one household? Usually, persons in a “household” qualify for UM coverage. With stacking, UM policies can multiply value. Children might be members of multiple households, depending on their family situation. However, some policies can carry exclusions for claims by members of the same household.
- Is there a potential dispute over liability and/or damages? Savvy plaintiff’s attorneys know that they need to prepare every case as if it is going to trial. Cases with UIM insurers are no different. Even if you settle with the underinsured tortfeasor(s), you could still be looking at a dispute with the UIM insurer. Don’t let your guard down. Pursue discovery and pretrial preparation as aggressively as you always would.
- Unfair Claims Settlement Practices Act claims? Is there a potential bad-faith claim? Under the Maine UCSPA, you may obtain treble damages and attorney fees. By filing suit, discovery may require the claims adjuster to produce the claims file to you.
Of course, every case is different, and other issues can and will arise. It is important to understand the law thoroughly to make sure that you maximize your client’s recovery (and avoid committing malpractice). Your clients paid their hard-earned money for UIM coverage to protect themselves. They deserve to get the full and fair damages that they paid for.
Refer your seriously injured clients to Berman & Simmons
If you have a personal injury case outside the scope of your practice area, or in which liability or causation is especially complex or expensive, Berman & Simmons can help.
For decades, our law firm has partnered with attorneys in Maine and throughout New England on behalf of their injured clients. We handle complex cases and set records for the largest verdicts and settlements in Maine. In a referral relationship, we share fees consistent with the Maine Rules of Professional Conduct adopted by the Maine Supreme Judicial Court.