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How does a plaintiff collect damages in an underinsured motorist case?
Wiki User
∙ 11y ago
If you have uninsured motorists coverage your insurance company will pay for your damages up front then handle the whole thing for you. Under UM coverage they also pay for the cost of all legal fees involved with getting a judgement and in collecting from the person At Fault. If you have no UM coverage then the entire affair is up to you and you will bear all costs involved. It may take many years to handle the process and the cost may exceed the benefit depending on the entire accident.
Wiki User
∙ 11y ago
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Difference between uninsured motorist and underinsured motorist coverage?
This is actually ONE coverage, serving two different purposes. You will often see this expressed on a declarations page as UM/UIM. Uninsured motorist coverage is self explanatory. YOUR uninsured motorist coverage on YOUR policy will pay for damages to your insured automobile when an 'at fault' vehicle does not have any insurance coverage to pay for your damages. UIM is UnderInsured Motorist coverage and would be available when the damages to -your vehicle exceed the amount of coverage in effect on the at fault party's liability coverage. This is an important coverage to have; very few state minimum liability limits are adequate anymore to offer full protection to owners. Rising auto costs and auto parts costs, plus the lower threshold to declare a total loss make higher UIM limits a sound decision.
Will your insurance pay you direct for a hit and run claim?
If you have collision coverage then yes, car insurance companies will cover the damages caused to your car, or medical treatment required, within the stipulations of your policy. However, if you don't have collision or underinsured/uninsured motorist coverage, then you will not be covered for the damages to your property or self.
What kind of damages can a plaintiff recover if a defendant's actions have been fraudulent wanton or outrageous?
The kind of damages a plaintiff can recover if a defendant's actions have been fraudulent, wanton, or outrageous depends on the damages to the plaintiff. If the actions are wanton, the damages tend to be higher than if they are simply fraudulent.
What is the typical auto insurance?
"Typical auto insurance" is probably a misnomer. Most states require that certain levels and types of auto insurance maintained, but this is a matter of state law. There are also optional coverages that an auto owner may purchase. The primary types of auto insurance include the following: 1. Collision coverage: this pays for the physical repair to your own vehicle as a result of a collision either with another car or some other object. 2. Liability coverage: this pays for the damages for which you may be legally liable if the person or property of another is damaged by your negligence in operating a vehicle. If you or your insurer contest your liability, this coverage provides an attorney to defend you at its own cost. 3. Personal Injury Protection: this pays a portion of your own medical bills and lost wages if you are injured in a collision, even if it was your fault. In some states, it is known as "no-fault coverage". 4. Uninsured/underinsured motorist coverage: uninsured motorist coverage pays compensation to you if you are injured by the negligent operation of a vehicle by another and that person has no liability coverage (which would otherwise compensate you). Underinsured motorist coverage is triggered if their liability coverage is in an amount less than the "value" of your injury. Under certain circumstances (mainly, if you get your insurer's consent), you can accept the full liability limits of the at-fault driver, and collect the balance of the "value" of your injury from your own underinsured motorist coverage. The maximum amount that you can collect in uninsured/underinsured motorist benefits is the amount of coverage that you have purchased and for which you have paid a premium.
If you were in an accident and the other driver received a ticket for expired insurance what will your insurance company do?
It depends on whether the at-fault driver has any resources of value and whether the courts might award to offset the financial damages. If not, it depends on the type of insurance. If you have comprehensive/collision, your damages will be paid up to the point of your deductable. If you don't have comp/collision, but DO have underinsured motorist (or whatever it's called in your part of the country, the insurance will again cover the damages up to the deductable.
How can plaintiff be used in a sentence?
A plaintiff is a person who sues another. An example of the word plaintiff used in a sentence might be, "The plaintiff was suing the defendant over the broken lease and the alleged damages to the apartment."
What does uninsured motorist and under insured motorist insurance cover?
Uninsured motorist coverage pays damages for bodily injuries when the at-fault driver or owner of a vehicle has no bodily injury liability coverage. It pays an amount up to the amount purchased by the insured, and is generally not a required coverage. In those states that utilize a comparative negligence rule of determining fault for a collision, the amount that the inured party can recover is reduced by the amount of liability attributable to him/her. In that respect, it operates similarly to the evaluation of the injury and damages if the at-fault party did have bodily injury liability coverage. Underinsured motorist coverage serves essentially the same purpose. However, it is triggered when the at-fault party's bodily injury liability coverage is less than the injured party's uninsured motorist coverage. Further, in order to be triggered, the "value" of the injury must exceed the liability coverage of the at-fault party.
What is called When damages are apportioned according to the degree a plaintiff contributed to his or her injury?
Negligence
Equitable remedies are available anytime the plaintiff chooses them over money damages?
If the plaintiff ASKS for, or agrees to ACCEPT, an equitable remedy, this could be true statement.
If you are 17 and your legal guardians agree to let you live with a friend can you and what are the consequences?
There are many psychological and emotional issues that can arise from this situation. Those can't be predicted because that is dependent on the individuals involved and what the friends living situation is. However, a 17 year old can't enter into a contract (such as a lease) but can be sued for legal damages, and if the plaintiff wins can collect damages from a 17 year old even if the person has no current income; a plaintiff can collect from future income. So, think carefully before entering into any financial arrangements either verbal or written.
In legal terms what are exemplary damages?
Exemplary damages, also known as punitive damages, are additional compensation awarded to the plaintiff in a civil lawsuit to punish the defendant for egregious behavior and to deter future similar conduct. They are meant to go beyond simply compensating the plaintiff for losses suffered and to act as a form of punishment.
Do receive a point on your record if you get hit by an uninsured motorist and claim the damages with your insurance company in California?
No, you will not receive a point.
