Asked in Personal Injury for Alabama

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

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3 Lawyer Answers
J. Brent Burney
PREMIUM
J. Brent Burney
Answered
  • Decatur, AL
  • Licensed in Alabama

A: Yes.

J. Brent Burney
PREMIUM
J. Brent Burney
Answered
  • Decatur, AL
  • Licensed in Alabama

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

Nelson Craig Johnson
Nelson Craig Johnson
Answered
  • Cullman, AL
  • Licensed in Alabama

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.

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