Q: Do i have to divulge my settlement amt from @fault insurer to MY” insurance Co. Before my underinsured claim is paid?
See question about UIM what is the law for state of Georgia
A: Yes.
A: Yes, as part of the UIM claim process you are required to advise your carrier of the amount and receive consent from your carrier to accept the settlement from the at fault party's carrier. If you do not, your are taking a substantial risk of being barred from making a UIM claim.
Nelson Craig Johnson agrees with this answer
A:
Your uninsured/underinsured motorist coverage takes effect only after the insurance of the tortfeasor (at fault party) is exhausted. To confirm that you would need to advise your insurance company of the insurance limits for the tortfeasor and the amount of the settlement. You will need to have them consent to the settlement with the tortfeasor before accepting those funds. The UM insurance provider has the option to front the tortfeasors' limits in order to keep them as the defendant in the case. They may do this if they think the tortfeasor is a particularly good defendant. (i.e. sweet old elderly woman who they think a jury is unlikely to award a large judgment against) If you have received med pay coverage from your insurance you will also want to ask for a waiver of the med pay subrogation.
For further questions and specifics to your case you should contact a personal injury attorney that is experienced in dealing with both medical payments insurance and uninsured motorist coverage.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
