Coverage Under Your UM/UIM Policy
Unfortunately many lawyers claim to understand insurance law and insurance policies.
Unfortunately many lawyers are unaware if you (or perhaps more importantly, your children and other family members) are injured by an uninsured or underinsured driver while riding in someone else’s car or riding your bicycle or walking (or doing most anything else), that you or your loved one can make a claim against your UM/UIM coverage, if you were injured as a result of the negligence of an uninsured or underinsured driver.
When looking at your own insurance policy, the focus is not on what you were doing, but whether you were hit by an uninsured/underinsured motorist.
A good quote to remember on this topic or issue comes from the Texas Case of Greene v. Great American Insurance Company:
There is no requirement that the insured have any relation, at the time of the accident, with any vehicle he owns and that is insured with the insurer. The uninsured motorists protection covers the insured and the family members while riding in uninsured vehicles, while riding in commercial vehicles, while pedestrians, or while rocking on the front porch.
Two things to keep in mind: First, this analysis only applies to your own UM/UIM insurance. If you’re looking to make a recovery on UM/UIM insurance bought by someone else — for example, your employer, someone whose car you’re in, etc. — then this specific analysis doesn’t apply. In that situation, you must be in there vehicle at the time of the loss.
Second, the potential coverage isn’t quite as broad as the case above indicates. Because of exclusions, there might be some very specific situations where coverage doesn’t apply. Because policies are so different, you’ll have to look to your policy.
If you need advice or just have a question call our Law Firm. The call is Free and the consultation is free.