Global Courant
As a personal injury lawyer, I have heard this terrible story far too many times, Mr. and Mrs. John Q. Public is driving with their two daughters, 8 and 10, when a speeding drunk driver runs a red light and hits their car wide. Mr. and Mrs. Public escape with cuts and bruises, but their daughters suffer injuries to their heads, necks and backs. Mr. and Mrs. Public eventually come to see me to discuss what legal rights and rights and remedies they have against the drunk driver.
My first question is what car insurance did they have? The audience reacts with surprised looks. Mr. Public asks: Why am I asking about his insurance, when the other man had defaulted? His answer: Although he hadn’t read his policy, his insurance agent told him he had “full coverage.” Mr. Public then hands me his insurance statement page. I note the dreaded “no BI” and “UM rejected”. I look at the police report and note that the drunk driver was sued for many things, including “no insurance.”
I have the thankless task of explaining to Mr. and Mrs. Public that “full coverage” is nothing but insurance jargon for the minimum requirements to register and insure a vehicle. I further explain that their coverage for this accident would be limited to payments for some of their medical bills, lost wages and damage to third party property, with no coverage for the pain and suffering their family had incurred and would endure in the future , due to the gross negligence of the drunk driver.
I see the proverbial “bulb” burning above their heads as they begin to understand that without uninsured motorist coverage they would be limited to a lawsuit against a person who would, in all likelihood, turn out to be without assets and therefore judgment-evidence. And I see the anger welling up in Mr. Public when he says, “There should be a law against this sort of thing.”
I wholeheartedly agree. What is desperately needed is for the state legislature to pass a Bill of Rights for motor insurance that would require insurance companies, their agents, and the insured to provide an affidavit of coverage disclosure confirming that the benefits of uninsured motorist coverage are available to the customer. have been announced.
Consumers should understand that if they purchase personal injury liability coverage, they will have uninsured motorist limits that are equal to the limits of their personal injury liability coverage unless they specifically decline uninsured motorist coverage. If consumers decline uninsured motorist coverage, they should understand that if they get into an accident with an individual who is uninsured or under-insured, they will not be able to claim damages against their own policy.
But the consumer does not have to wait for the state to intervene. The consumer should question his or her agent and read all paperwork carefully.
I tell all my clients that it’s better to pay for coverage and never need it than to need it and not have it. Most importantly, if your agent has told you that you have “full coverage,” think about the Public family. Be wary, be skeptical, and don’t believe it until you look at the fine print.
Read the fine print when buying a car
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