Does Your Kentucky Auto Insurance Policy Include Underinsured Motorist (UIM) Coverage?
Every Kentucky driver must purchase and carry auto insurance. But what exactly does that insurance cover? By law, a Kentucky car insurance policy must provide a minimum amount of liability coverage and personal injury protection. The former protects you in the event you are sued for causing an accident, while the latter provides you with no-fault medical benefits following a crash.
There are also several forms of optional coverage that you can purchase with your auto insurance policy. Among these are uninsured (UM) and underinsured (UIM) motorist coverage. UM coverage addresses a situation where you are injured by a driver who does not have liability coverage (or an accident caused by an unidentified hit-and-run driver). UIM coverage deals with the quite-common scenario where you successfully pursue a personal injury claim against a negligent driver who has insurance, but their policy is insufficient to fully compensate you for your losses. Your UIM carrier is then obligated to pay for any excess damages up to your own policy limit.
Judge Dismisses Claim for Non-Existent UIM Coverage
Some states require auto insurance companies to provide or offer UIM coverage with all of their policies. In Kentucky, however, an insurer must only provide UIM coverage “upon request” by the policyholder. In other words, you have to ask for UIM coverage if you want it. Your insurance company is not required to offer it.
It is therefore important to periodically review your insurance policy to make sure that you actually have the coverage you think you do. The last thing you want is to be involved in an accident and assume that you have UIM coverage only to be told that is not the case. By that point, it is too late to do anything.
Take this recent decision from a federal judge here in Kentucky, Rodriguez v. Safeco Insurance Company of America. This case involved a plaintiff injured in an accident with an underinsured motorist. She subsequently filed a claim for UIM benefits with the insurer of her vehicle, Safeco. Safeco denied the claim, however, stating the plaintiff’s policy did not include UIM coverage.
The plaintiff subsequently sued Safeco alleging insurance fraud and violation of Kentucky insurance claims law. Safeco had the case transferred to federal court. The federal judge overseeing the case then granted Safeco’s motion to dismiss.
The judge’s reasoning was simple: “The Policy does not include UIM coverage.” It was not listed on the insurance policy’s declaration of coverage page and there was no evidence any UIM premiums were ever paid in connection with the policy. Put simply, the plaintiff was not entitled to coverage that “she never bought and paid for.”
Contact a Madisonville Car Accident Attorney Today
Even when you have bought and paid for insurance coverage, that is still no guarantee the insurer will pay your accident claim without putting up a fight. That is why you should work with an experienced Madisonville car accident lawyer who can advocate on your behalf. Contact Whitfield Crosby & Flynn today to schedule a free consultation. We have offices in Madisonville, Kentucky; Chattanooga, Tennessee; and Indianapolis, Indiana.
Source:
scholar.google.com/scholar_case?case=16528462357348222810
