By | June 13th, 2013

QUESTION: If you are making an under-insured motorist claim and there are two parties at fault, do you have to get policy limits from both parties before you can make your UIM claim? ANSWER: It would be important to get the policy limits of each party at fault because the Under-insured Motorist Coverage is triggered only if the tortfeasor’s (other driver’s) policy limits are less than claimant’s policy limits [Ins.C. ยง11580.2(p)(2)]. Thus, claimants are not entitled to under-insured motorist policy benefits where the tortfeasor has the same or higher policy.

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