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Insurance re: uninsured motorist

Discussion in 'Auto Accidents, Injuries' started by CindiW, Oct 11, 2019.

  1. CindiW

    CindiW Law Topic Starter Member

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    The accident hasn't occurred yet. The insurance agent convinced my husband to up his insurance to 200,000 for accident from a drunk driver or uninsured motorist. If an uninsured motorist or drunk driver gets hurt or hurts the passenger in an insured car, how does this work? Would the insurance company pay out to the uninsured motorist for medical bills, etc.? I mean, how does this work.
     
  2. zddoodah

    zddoodah Well-Known Member

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    What does "an accident from a drunk driver or uninsured motorist" mean?

    Also, you wrote that the "insurance agent convinced [your] husband" to do this. Are you saying that your husband agreed to this without understanding what he was agreeing to?

    Needless to say, if you or your husband doesn't understand the recommendation made by your insurance agent, you/he should ask the agent for an explanation?

    That said, there are multiple components to an auto insurance policy. The most important is typically the liability coverage. That coverage will pay $X for bodily injuries to any single individual injured as a result of an accident for which an insured is legally liable (up to a maximum of $Y per accident) and $Z for property damage. This is often expressed as, e.g., $100,000/$300,000/$100,000. Liability coverage unaffected by whether the other driver is intoxicated or uninsured (although the other driver being intoxicated may be highly relevant to the determination of legal liability).

    Another important component is collision coverage. This coverage pays for damage to a covered auto resulting from a collision with another car (or other objects). Collision coverage does not have a stated limit, and it makes no difference if any involved driver is intoxicated.

    Many motorists also elect to buy uninsured/underinsured motorist coverage (UM/UIM). This coverage essentially stands in place of or in addition to another driver's coverage in the event that other driver is legally liable for an accident with an insured driver. For example, if I am injured in an accident with another driver and that other driver is uninsured, I can make a claim against my own UM/UIM coverage to get my injuries paid for, which is exactly what I would with the other driver's liability coverage if he/she had proper insurance. This also applies if the other driver is insured by my injuries exceed the other driver's coverage.

    I've never heard of UM/UIM coverage having different limits if the other driver is intoxicated. Perhaps this is something unique to your insurer or to Pennsylvania insurance.

    I'll also give you a caveat that, if Pennsylvania has a "no fault" insurance system, some or all of the above may not apply. Again, I recommend that you make an inquiry of the agent who sold your husband on this increase.
     
    shadowbunny likes this.
  3. adjusterjack

    adjusterjack Super Moderator

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    Z just saved me a lot of typing.

    I will add that PA gives the insurance buyer a choice of "full tort" coverage or "limited tort" coverage. Both of which are thoroughly explained by guides published on the PA Department of Insurance website.

    https://www.insurance.pa.gov/Coverage/Auto/Pages/Auto.aspx

    Briefly:

    Full Tort - You retain unrestricted rights to bring suit against
    the negligent party.

    Limited Tort - Limited Tort offers you significant savings on your
    premiums. You are still able to recover out-of-pocket medical and certain other expenses; however, you are not able to recover certain damages—such as payments for pain and suffering—unless the injuries meet one of the exceptions in the law.

     
  4. CindiW

    CindiW Law Topic Starter Member

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    Yes, ok, so let's see if I understand something. (Yes, I will speak to the agent, I don't like him, but maybe it will be ok, I'll try to be nice.) So in the scenario presented, let's say my husband's car with him driving (or me driving) was hit by an uninsured motorist, and the uninsured motorist was responsible. We have Medicare & supplemental insurance, but of course, pain & suffering may be aside from medical treatment. Does the uninsured motorist reap any benefits from my husband's insurance if he (the uninsured motorist) is hurt? And, how about the car(s) if one or both were damaged? Would that upped charge cover the automobile(s) as well, including the uninsured motorist's?
     
  5. adjusterjack

    adjusterjack Super Moderator

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    No, not since he's at fault.

    If his car is damaged due to his own fault, he's out of luck. If your car is damaged due to his fault your collision coverage will pay for it if you have collision coverage.

    That question doesn't make any sense but I think the other two answers cover your concerns.
     
  6. CindiW

    CindiW Law Topic Starter Member

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    I'll question the agent asap. Thank you
     

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