Robert I. Feinberg Personal Injury Law Blog on Lawyers.com

A Navigation System For Auto Insurance Coverage

Saturday, September 26, 2009 by Robert I. Feinberg

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Uninsured and underinsured motorist coverage were big innovations in the 1970s.  They can mean the difference between receiving full compensation or very limited compensation from an auto accident.  When the Massachusetts State Legislature changed the procedure for accessing those coverages, many practitioners got confused.  The following is a road map for those who need to know which policies come into play. 

Road Map For Determining UM Coverage for Policies

1.  If you are occupying your auto (i.e. you are the named insured), UM is only from the policy covering such auto.
2. If you are occupying another’s auto, UM is from your auto (i.e. the auto where you are named insured) which has the highest limits.  If the limits are the same on two or more vehicles, then pro rata sharing.
3. If you are occupying an auto and are not a named insured on any auto, you receive the highest limits of coverage on a policy of a resident relative.  If the limits are the same on two or more vehicles, then pro rata sharing.
4. If you are occupying an auto and are not a named insured on any auto and not insured on a resident relative’s policy, you must receive UM from the vehicle in which you are occupying.

NOTE:  These answers obtain regardless of whether you are a driver or passenger. 

The practitioner has to be especially careful in those situations where the client is travelling in a vehicle he/she does not own.  In that circumstance, personal injury protection benefits come from the occupied vehicle but UM will come from the client’s own vehicle.

 
Posted at 17:00 PM
Topic: Personal Injury
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