One trap for the self-settler handling their own Utah car accident is Underinsured Motorist Coverage. Commonly called “UIM.” Read here about the other trick area in UIM law called the “Undisputed Tender.”
You must exhaust the liability policy before you can access your own UIM policy.
Example: Orem State Street Rear-Ender. You are rear-ended on State Street in Orem, UT. Your knee hits the dashboard causing you ACL/PCL surgery. You accept $21,000 for full settlement. The policy limits are $25,000.
You are barred from making a UIM claim because you didn’t receive a $25,000 policy limits offer.
Example: Provo Center Street Pedestrian Accident. You are crossing over the Provo Center Street cross-walk and are struck by a car. Your break your ankle and several ribs. You settle the case for $49,950, not knowing the at-fault car’s policy limits are $50,000.
You are barred from making a UIM claim because you didn’t exhaust the at-fault car’s $50,000 policy limit.
HOW TO DO YOU KNOW WHAT THE POLICY LIMITS ARE?
Utah administrative insurance commissioner rule requires all insurance carriers in Utah to disclose their policy limits upon request. See Utah Administrative Rule R590-190-12(7). Unfair Claims Settlement Practices Applicable to Automobile Insurance. The disclosure requirement doesn’t matter if the automobile insurance carrier is from California only, or from Colorado. If the accident occurred in Utah, that car insurance carrier must disclosure their limits information.
CALL/TXT (801) 373-63435 TO TALK WITH UTAH CAR ACCIDENT LAWYER JAKE GUNTER