26Oct/10Off
In Georgia does uninsured motorist insurance follow the person or the car?
My girlfriend and I were in an accident some months back. She was driving and was injured from the accident. She's hired a lawyer but the other woman's insurance only covers up to $25,000 while her injuries are basically permanent and will most likely require surgery later on.
My insurance company is saying that her uninsured motorist coverage should add to what she is already receiving while her insurance company is saying that mine should kick in instead.
So, my question is should mine kick in or should hers? If it's mine then it would follow the car, if it's hers then it would follow the person.
Also, she was going to be without health insurance for a couple of weeks and this happened during that time.
October 26th, 2010 - 09:24
Since you have opted to be represented by an attorney, all your questions should be addressed to your attorney. He is being paid 30% or so of what you are getting to answer questions.
October 26th, 2010 - 10:00
In most states it does follow the person, not the vehicle. Your attorney should be dealing with the insurance companies to determine which policy is primary.
One thing you should know, you want to file an underinsured claim not an uninsured claim. Whatever policy is considered primary the underinsured coverage has to exceed $25k in order to recover.
The tort-feasor has liability coverage with the minimum limit of $25,000 per person. Assume your girlfriend has available UIM coverage in the amount of $100,000 per person. Under these circumstances, the tort-feasor is underinsured to the tune of $75,000 ($100,000 – $25,000 = $75,000). If your girlfriend only has $25k, she will not recover any further damages, unless she files suit against the other party.
The insured’s UIM carrier is entitled to a credit or set-off in the amount of the tort-feasor’s liability coverage.