If an opposing driver has no insurance this is coverage on your policy that will cover that deficiency up to the policy limits. In many states, such as Missouri, an insured policyholder can stack their UM limits when they are injured an uninsured driver. This means that for every insured vehicle you own the limits of that vehicle can be stacked to help cover your damages. For example, if you are injured by an uninsured driver and you own two cars with $100,000.00 of UM each you can stack those limits and collect up to $200,000.00 for your damages. While it seems clear that Um applies when someone has no insurance the issue can be complicated by how the policy defines an uninsured motorist.
Polices that are favorable to the insured define an uninsured motorist as anyone having less that the State mandatory minimum liability limits for the State where your car is licensed. However, some policies can define an uninsured motorist as a person having no insurance. Because some States require different mandatory liability limits less than the State in which you live an insurance company could take the position that a driver with $10,000.00 of coverage is insured. Thus, using the numbers above under this type of policy you would not collect up to $200,000.00 dollars but only $10,000.00. However, if uninsured was defined as less than your State’s mandatory limits and your state required more than the other driver’s $10,000.00 you could collect up to $200,000.00 dollars. When you shop for insurance ask how the policy defines an uninsured motorist as it can make a big difference in what benefits you receive.
If you have a claim where you have been hurt by another driver you need to look not only at the opposing drivers polices but at your own to insure policy to see if you can collect any benefits under your own policy. If you need assistance contact Chris Faiella, with the law firm of Tatlow, Gump & Faiella at 1-800-264-3455 for a free, consultation. Chris will help you determine your options and advise you as to the course of action that will best suit your individual situation.



