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Uninsured 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 uninsured motorist coverage?
It is coverage that Missouri law requires
be sold with any policy of automobile liability coverage in specified
minimum levels. If you have liability coverage for your car that is
garaged in Missouri, you will have uninsured motorist coverage though
you may carry more coverage than what is required by law. It is
coverage for which the insurance company has been charging you
premiums. It is intended to cover your damages related to injuries, up
to the limits of coverage, in the event that an uninsured motorist
causes or contributes to cause an accident.
If you are injured in a car wreck with a
motorist who didn’t carry liability insurance, you have a claim for
uninsured motorist benefits from your own automobile insurance company.
Any time you are in an accident and particularly where you believe the
other driver may not have had insurance, you should notify your car
insurance company of the wreck. Timely notification is important
because it fulfills your obligation under your policy to give timely
and proper notice of claims.
Because uninsured motorist coverage is
required by Missouri law the terms of coverage are also mandated by
law. In other words, when and how much your insurance company owes you
may not be determined by the language in your policy but may determined
by Missouri law. That is why it is very important to not simply accept
the insurance company’s determination of coverage or interpretation of
the uninsured motorist coverage. Speaking with an experienced insurance
lawyer at Eng & Woods will help you navigate these issues. You know
the trained insurance company adjusters will be making decisions in the
interest of the company and not you. Even though they are your
insurance company, when you make a claim they become your adversary.
You need an experienced advocate at Eng & Woods who understands the
law and can fight for your rights.
What is ‘stacking’ of coverage?
Coverage issues are usually not simple and
sometimes not even immediately clear. For instance, depending on the
severity of your injuries, you may be entitled to ‘stack’ your
uninsured motorist coverage if you insure more than one vehicle. If
your injuries and other damages like medical bills and lost wages are
significant, you will be able to add together the uninsured motorist
coverage you carried on all of your vehicles. For example, if you
insured two vehicles, and your claim warrants it, the insurance company
will owe you the individual limits for each of your two cars. This is
why you should not enter into a settlement with your insurance company
without first speaking with a skilled attorney. If you do not do that,
you may not recover money to which you are otherwise entitled by virtue
of having paid your premiums.
What other issues related to uninsured motorist coverage do I need to be aware of?
You do not necessarily need to be occupying
your own car at the time of the accident to have an uninsured motorist
claim. The coverage you carry on your car(s) may well apply to
accidents in which you are the passenger in somebody else’s car or in
which you are a pedestrian.
Other issues arise in the context of
uninsured motorist coverage that are not immediately clear to someone
not well versed in the field. If you can’t navigate all of those
issues, you may well not recover what you are entitled to recover.
It helps to be on top of all of the issues
related to your uninsured motorist claim as early as possible and that
is why a free consultation with an Eng & Woods attorney experienced
in insurance coverage law is important. Please call (573)874-4190 or
(877)888-2345 for a free consultation or email us to arrange for a no
cost consultation: tmulholland@engandwoods.com , mwoods@engandwoods.com or jmcquilkin@engandwoods.com
You should recognize that even though it is your insurance company, you
are placed in an adversarial position with that company as soon as you
make a claim. The company is representing its own interests, not yours.
That’s why it is very important to at least discuss your rights with a
lawyer familiar with insurance contracts and the court’s
interpretations of them. Eng & Woods has successfully pursued many
claims in counties throughout the state and in Missouri appellate
courts against insurance coverages for denying coverage.
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