Underinsured Motorist Coverage *Please understand that the following is not legal advice. It is only intended to be a general statement of Missouri law without any specific knowledge of or application to any individual case. An attorney client relationship with Eng & Woods is not formed simply by reading this information or e-mailing us. What is underinsured motorist coverage? Unlike uninsured motorist coverage, underinsured motorist coverage is not required by Missouri law. You will have to check your policy declarations to determine whether you have this coverage. Often, underinsured motorist coverage is sold by endorsement. Underinsured motorist coverage typically acts like supplemental or gap coverage when you are seriously injured in an accident and the responsible party does not have sufficient liability insurance to cover your losses. However, because this type of coverage is not mandated by Missouri law, the variations in coverage and policy language are wide from company to company. As a result, it is very important to review a copy of your policy or, if you can’t find it, to request a copy of your policy and endorsements as soon as possible after your accident.   Even by simply reading the policy, you will not instantly know what your rights are and not even necessarily understand the full scope of your obligations under the policy. This is, in part, because Missouri Courts have interpreted many underinsured motorist endorsements and without knowing how a Missouri court has interpreted or enforced a particular policy, you cannot know for sure what your rights are by a simple reading of the policy. This is because policies often contain ambiguous terms that courts find unenforceable. Your policy may contain such ambiguities or for other reasons may not be interpreted in the way the insurance company interprets it. In order to get a quick and firm grasp on these types of issues, you should call one of the experienced insurance law advocates at Eng & Woods for a free consultation. Often, a quick review of your policy language by one of our lawyers will answer many of these initial questions. We can be reached at (573)874-4190 or (877)888-2345 or by emailing tmulholland@engandwoods.com , mwoods@engandwoods.com or jmcquilkin@engandwoods.com. Why do I need to know whether I have this coverage? It is important to determine immediately after your accident whether you carried underinsured motorist coverage as you will need to be sure to protect your rights under that coverage. This is very important. You need to comply with all the policy conditions in order to preserve your underinsured motorist claim. In many cases, that means that you must obtain the consent of your insurance company prior to entering into a settlement with the responsible party or his or her insurance company. You should not enter into a settlement with the responsible driver unless and until you have determined whether you have underinsured motorist coverage and, if so, you have complied with your obligations under the policy. Can I stack my underinsured motorist coverage? Generally, Missouri law does not allow underinsured motorist coverage to be stacked (adding together the coverage on multiple insured vehicles). However, under certain circumstances a court may decide that you can stack your underinsured motorist coverage even though the policy language purportedly forbids it. What am I entitled to recover if I have underinsured motorist coverage? First, it is important to understand the type of underinsured motorist coverage you have and the language contained in your endorsement. Keep in mind that you should not rely solely on your interpretation or your insurance company’s interpretation of the language in the policy as there may be Missouri court decisions interpreting the same language in a manner different than you or your insurance company interpret it. Typically, underinsured motorist coverage requires your insurer to stand in the shoes of the responsible party making your insurance company responsible to you, up to the limits of coverage, for your damages beyond those you are able to recover from the liable party. Some types of coverage purport to give your company ‘credit’ for any amount you receive from the responsible party effectively reducing your coverage. Other types of underinsured motorist coverage pay you dollar for dollar for your damages not covered by the responsible party or his or her insurance company up to the limits of your coverage. Your damages include things like medical and drug bills, lost wages, future medical and prescription expenses, future lost wages and earning capacity, permanent disability and impairment, loss of enjoyment of life and other components. Eng & Woods has successfully pursued many claims in counties throughout the state and in Missouri appellate courts against insurance coverages for denying coverage. Please call us today for your free consultation at (573)874-4190 or (877)888-2345 or by emailing tmulholland@engandwoods.com , mwoods@engandwoods.com or jmcquilkin@engandwoods.com .