Uninsured/Underinsured Coverage

[needtoknow2]

My question involves an injury that occurred in the state of: FL.

If you are involved in a car accident with injuries, and both partys have the same amount of insurance coverage, does your policy still cover the underinsured/uninsured coverage? For instance: the at fault party has 25/50k coverage and that is the same amount I have for Underinsured, will my policy cover anything? My lawyer is telling me that we cannot use my underinsured policy for this because we both have the same amount of coverage, so it is not considered UNDERINSURED. Is this the way the underinsured policy works, if so, why even have it. Or is it time to increase it?

[Betty3]

Your coverage would be used if the at fault party's ins. is less than yours & was not enough to cover all your damages/injuries claim (underinsured) - your ins. would pay the balance (up to your pol. limit) or if the other party had no ins. at all (uninsured), your ins. would be used up to your pol. limit.

It comes in handy when the at fault party in an accident doesn't have enough ins. to cover your claim & your underinsured coverage does or if the at fault party has no ins. or you get in a hit & run, your uninsured coverage can be used.

[lwpat]

I think you misunderstood what your attorney was trying to tell you. You can't collect twice for the same damages. Betty is correct as to how UM and UIM works. It is supplemental to the other party's liability insurance.

[aaron]

The first place you have to look is your insurance policy - your contract. If you contracted with your insurance company that a party is only "underinsured" if it carries less insurance than you, and that your underinsured coverage does not apply to any accident with another driver who carries the same amount of insurance as you (or more insurance than you), then you're getting what you paid for.

As was suggested, you should ask your lawyer to clarify what he is telling you.