When you purchase underinsured motorist coverage, most drivers assume that it will help them cover any gaps in the event that they are injured in an accident involving a driver who doesn’t have enough insurance to cover the damages. Insurance claims can be very complicated, however, and insurance companies do not always honor the terms of the policies provided. In other cases, an insurance company may delay providing payment or point to other provisions of the policy in an attempt to avoid having to pay benefits under the policy. At Maurer Law, our compassionate and knowledgeable team of Charlotte car accident lawyers are available to help you assert your right to insurance benefits after an accident.
The North Carolina appellate court issued an opinion in a case recently where an insurer and insured disputed whether or not the insurer was entitled to underinsured motorist benefits. The insured was a passenger in her sister’s vehicle when they were involved in an accident. The sister lost control of the vehicle, ran over a median, and collided with an 18-wheeler in the opposite lane of traffic. The sister tragically died in the crash and the insured suffered devastating injuries.
At the time of the crash, the decedent and the insured carried policies. The decedent’s policy was issued in Tennessee while the insured’s policy was issued in North Carolina. Both policies provided coverage for personal injuries up to $100,000 per occurrence and for injuries involving underinsured or uninsured motorists up to $100,000 per occurrence.