Auto Insurance - Part III.

Auto Insurance - Part III

One serious mistake is to decline UIM coverage. Some companies require that you purchase UIM in the same amounts as the liability insurance. However, many companies, depending upon state law, are authorized to sell denominations of UIM coverage less than the liability limits. The insured thinks that he is providing some satisfactory minimal coverage for his family and decides to save some money with lower UIM limits. However, UIM is probably the most important place to spend money.

You are not as likely to cause an accident, as you are to be a victim of an accident. At least if you are taking the time to read this article, you are probably a person who will exercise more care and judgment in your driving than the ordinary person. Therefore, it is more likely that you will be making a claim against another person for injuries sustained by you at the hand of the third party tortfeasor. In this instance, the tortfeasor may (but likely will not) have sufficient insurance to cover you and your passengers for all of your medical expenses, wages loss, and general damages. If not, then the tortfeasor is said to be “underinsured”. In that instance, the balance of the value of your claim, above the bodily injury policy limits of the tortfeasor, is the responsibility of your own company’s UIM coverage.

A third possibility is if the tortfeasor is uninsured. This is a distinct likelihood if someone who is reckless, or who has a drinking problem or who is driving with a suspended license involves you in their traffic habits. They caused you and your passengers harm, but they have no insurance. You will be making your entire claim under your UIM polity limits.

All too often, we have seen serious injuries to individuals and their families receive little or partial compensation because the insured elected to “save money” by not purchasing the maximum UIM coverage available to him. Purchase as much UIM coverage as you can.

Be Honest

A word of caution in dealing with your insurance company: don’t try to fool them on any of the information requested, or by insuring only one driver for each of the family vehicles. We have numerous cases holding that one family member is not covered because he or she was not named as a driver of another family vehicle. Questions of whether the vehicle was “available for the regular use” of any individual are complex issues, and history tells that you will lose. Disclose the full number of drivers and you will have the knowledge that you and family members are covered.

The same thing pertains to marital status and student status of children. Our recommendation is to be honest in your application and in your relationship with your company. The few dollars you “save” otherwise will never be a bargain should you loose out in the long run. A contract entered into with materially fraudulent representations can be voidable by the company under some circumstances.

Table of Insurance Coverage Requirements, by State

Most states require that you have liability insurance. This covers you when you're at fault in an accident. If you live in New Hampshire, South Carolina, Tennessee or Wisconsin, you aren't required by law (yet) to have liability coverage. For the rest of us, the mandatory coverage varies according to state. In the chart below, minimum liability limits are read as follows (in thousands of dollars): bodily injury liability for one person in an accident/bodily injury liability for all people injured in an accident/property damage liability for one accident.

So, for Alabama, the minimum requirements are $20,000 of bodily injury liability for one person, $40,000 bodily injury liability for all people and $10,000 property damage liability.

State Required coverage types Uninsured/Under-insured Motorist Coverage Required? Minimum liability limits No fault?

Alabama bodily injury and property damage liability No 20/40/10 no

Alaska bodily injury and property damage liability No 50/100/25 no

Arizona bodily injury and property damage liability No 15/30/10 no

Arkansas bodily injury and property damage liability No 25/50/25 no

California bodily injury and property damage liability No 15/30/5 no

Colorado bodily injury and property damage liability No 25/50/15 yes

Connecticut bodily injury and property damage liability, uninsured motorist Yes 20/40/10 no

Delaware bodily injury and property damage liability, personal injury protection No 15/30/10 no

DC bodily injury and property damage liability, uninsured motorist Yes 25/50/10 yes

Florida BI liability not required, only property damage liability, personal injury protection No 10/20/10 yes

Georgia bodily injury and property damage liability No 25/50/25 no

Hawaii bodily injury and property damage liability, personal injury protection No 20/40/10 yes

Idaho bodily injury and property damage liability No 25/50/15 no

Illinois bodily injury and property damage liability, uninsured motorist Yes 20/40/15 no

Indiana bodily injury and property damage liability No 25/50/10 no

Iowa bodily injury and property damage liability No 20/40/15 no

Kansas bodily injury and property damage liability, personal injury protection Yes 25/50/10 yes

Kentucky bodily injury and property damage liability, personal injury protection No 25/50/10 yes

Louisiana bodily injury and property damage liability No 10/20/10 no

Maine bodily injury and property damage liability, uninsured motorist Yes 50/100/25 no

Maryland bodily injury and property damage liability, uninsured and underinsured motorist Yes 20/40/15 no

Massachusetts bodily injury and property damage liability, personal injury protection, uninsured motorist Yes 20/40/5 yes

Michigan bodily injury and property damage liability, personal injury protection No 20/40/10 yes

Minnesota bodily injury and property damage liability, personal injury protection, uninsured and underinsured motorist Yes 30/60/10 yes

Mississippi bodily injury and property damage liability No 10/20/5 no

Missouri bodily injury and property damage liability, uninsured motorist Yes 25/50/10 no

Montana bodily injury and property damage liability No 25/50/10 no

Nebraska bodily injury and property damage liability, uninsured and underinsured motorist No 25/50/25 no

Nevada bodily injury and property damage liability No 15/30/10 no

New Hampshire Insurance not required; proof of financial responsibility, medical payments, uninsured motorist Yes 25/50/25 no

New Jersey bodily injury and property damage liability, personal injury protection, uninsured motorist No 15/30/5 yes

New Mexico bodily injury and property damage liability No 25/50/10 no

New York bodily injury and property damage liability, uninsured motorist, personal injury protection Yes 25/50/10 yes

North Carolina bodily injury and property damage liability No 30/60/25 no

North Dakota bodily injury and property damage liability, personal injury protection, uninsured and underinsured motorist Yes 25/50/25 yes

Ohio bodily injury and property damage liability No 12.5/25/7.5 no

Oklahoma bodily injury and property damage liability No 10/20/10 no

Oregon bodily injury and property damage liability, personal injury protection, uninsured and underinsured motorist Yes 25/50/10 no

Pennsylvania bodily injury and property damage liability, medical payments No 15/30/5 yes

Rhode Island bodily injury and property damage liability Yes 25/50/25 no

South Carolina bodily injury and property damage liability, uninsured motorist Yes 15/30/10 no

South Dakota bodily injury and property damage liability, uninsured motorist Yes 5/50/25 no

Tennessee Insurance not required; proof of financial responsibility No 25/50/10 no

Texas bodily injury and property damage liability No 20/40/15 no

Utah bodily injury and property damage liability, personal injury protection, uninsured and underinsured motorist No 25/50/15 yes

Vermont bodily injury and property damage liability, uninsured motorist Yes 25/50/10 no

Virginia bodily injury and property damage liability, uninsured and underinsured motorist Yes 25/50/20 no

Washington bodily injury and property damage liability No 25/50/10 no

West Virginia bodily injury and property damage liability, uninsured motorist Yes 20/40/10 no

Wisconsin Insurance not required; proof of financial responsibility, uninsured motorist Yes 25/50/10 no

Wyoming bodily injury and property damage liability No 25/50/20 no

Read Part I here.

Jeanine Steele is an editor with SettlementCentral.Com, the online resource for self-help do-it-yourself personal injury claims.