Ask Regina

Q. We have an insured who was fatally injured in her auto that was being driven by herregina friend. The friend hit a parked car at a high-rate of speed. We don’t know if the friend had a car or other insurance. Will the Uninsured\Underinsured Motorist Bodily Injury coverage on her policy provide a benefit to our insured?

A. No, your insured’s vehicle is not an uninsured motor vehicle. The insuring agreement for UM says:

We will pay compensatory damages which an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of:

  1. Bodily injury sustained by an insured and caused by an accident; and
  2. Property damage caused by an accident.

The owner’s or operator’s liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle.

Any judgment for damages arising out of a suit brought without our consent is not binding on us. If we and you do not agree as to whether or not a vehicle is actually uninsured, the burden of proof as to that issue shall be on us.

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2 Responses to Ask Regina

  1. Basil says:

    I’m not so sure I agree. We had an insured whose daughter was killed while a passenger in another vehicle with minimum BI limits of 20/40/15 and $2,500 PIP. Our insured had 100/300/100 UM/UIM limits and $10,000 Med Pay limits and the daughter was a licensed and listed driver on the parents policy. Lawyer wrote demand letter for policy limit of PIP/Med Pay and UM/UIM BI per person and insurance wrote check for $100,000 UM/UIM and $10,000 Med Pay without hesitation.

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  2. Regina Anderson, Insurance Information Services says:

    Yes, that would be covered as your insured was a passenger in another vehicle and would be covered. But in this question the insured was a passenger in her own vehicle which was driven by a friend who wrecked the insureds vehicle, when he hit a parked car. The insured isn’t legally entitled to recover from herself.

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