Uninsured Motorist Claims
What is Uninsured Motorist Coverage?
Mississippi law defines an “uninsured motor vehicle” as:
(1) a motor vehicle as to which there is no bodily injury liability insurance; or
(2) a motor vehicle with liability insurance, but the insurance company has legally denied coverage or is unable, because of
being insolvent at the time of or becoming insolvent during the 12 months following the accident, to make payment with respect to the legal liability of its insured; or
(3) an insured motor vehicle, when the liability insurer of such vehicle has provided limits of bodily injury liability for it’s insured which are less than the limits applicable to the injured person provided under his uninsured motorist coverage; or
(4) a motor vehicle as to which there is no bond or deposit of cash or securities in lieu of such bodily injury and property damage liability insurance or other compliance with the state
financial responsibility law, or where there is such bond or deposit of cash or securities, but such bond or deposit is less than the legal liability of the
injuring party; or
(5) a motor vehicle of which the owner or operator is unknown; provided that in order for the insured to recover under the endorsement where the owner or operator of any motor vehicle which causes bodily injury to the insured is unknown, actual physical contact must have occurred between the motor vehicle owned or operated by such unknown person and the person or property of the insured; or
(6) a motor vehicle owned or operated by a person protected by immunity under the Mississippi Tort Claims Act, if the insured has exhausted all administrative remedies.
No vehicle owned by the United States government and against which a claim may be made under the Federal Tort Claims Act is considered uninsured.
MedPay payment are not offset to the insurance against UM coverage limits. Prudential Prop. & Cas. Ins. Co. v. Mohrman, 828 F. Supp 432, 438 (S.D. Miss. 1993).
Workers Compensation payments to the insured against UM coverage limits are not offset. Nationwide Mut. Ins. Co. v. Garriga, 636 So. 2d 658 (Miss. 1994).
Workers Compensations liens do not apply to UM proceeds. Miss. Ins. Guaranty Assoc. v. Blakeney, 51 So. 23 208 (Miss. App. 2009). A carrier does not need to seek approval from the Workers’ Compensation Commission in order to pay out UM proceeds. You can get a recovery on both the Workers Comp claim and the 3rd party claim.
If you have specific questions regarding you UM coverage after a motor vehicle collision, contact one of the Jackson Car Wreck Lawyers today at 601-724-2345 for a free consultation.