Q. We have an insured who was fatally injured in her auto that was being driven by her 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:
- Bodily injury sustained by an insured and caused by an accident; and
- 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.