Underinsured Motorist Coverage (UIM) in North Carolina

Underinsured Motorist (UIM) coverage is an important source of insurance in cases that involve personal injury due to a North Carolina accident.

Underinsured motorist coverage can help when the insured owner or driver of the vehicle is involved in a car accident where they are injured by a negligent driver, who doesn’t have insurance coverage enough to fully compensate for the resulting injuries.

In these situations, the injured party can sometimes be compensated from their own personal insurance policy, or the policy insuring the vehicle they were driving, in addition to the policy of the person who is at fault for the accident.

Many company vehicles are insured by business auto policies, which include substantial limits of Underinsured Motorist coverage. If you are hit by a negligent person while driving a company vehicle, you may have access to UIM coverage, and it could potentially be a high limit, sometimes even up to $1,000,000.

The companies’ Underinsured Motorist coverage can be stacked on top of the Underinsured Motorist coverage provided by your own personal insurance policy. The employer’s policy is separate from a workers’ compensation claim, though. You can potentially recovers UIM benefits in addition to workers’ compensation benefits.

An example can help show how company car UIM coverage can help an injured person. Assume that Employee A is operating a vehicle owned by his employer in North Carolina and that the policy on the company car has $1,000,000 of UIM coverage. That company vehicle is insured through Insurer A. The Employee also has a personal auto policy through Insurer B with $100,000 of UIM coverage. The at-fault driver only has $30,000 of liability coverage. Assume further that Employee A is catastrophically injured and his damages are well in excess of all the available coverage. In this situation, he would first recover $30,000 from the at-fault insurance carrier, then could recover an additional $1,070,000 collectively from Insurer A and B under their applicable UIM coverage (there is a $30,000 “credit” for the amount paid by the liability coverage).

It is also worth noting that even if you are operating your own vehicle, or a temporary substitute vehicle, while in the course and scope of your employment, you may have UIM coverage under your employer’s business auto policy. The only way to know for sure is to have an attorney obtain and review the policy.

Many business auto policies have arbitration clauses which allow an expedited and cheaper method to recover damages than what is normal through the jury trial method.

Maginnis Law handles personal injury cases, including those involving Underinsured Motorist coverage, on a contingency fee basis – meaning that you pay no attorneys’ fees unless we reach a settlement or obtain a verdict or settlement in your case.

Maginnis Law’s head personal injury attorney, T. Shawn Howard is experienced in handling Underinsured Motorist coverage personal injury cases, including those involving folks injured while driving their employer’s vehicles.

You can contact the Raleigh personal injury attorneys of Maginnis Law at 919.526.0450 or reach out to Mr. Howard directly at 919.480.8525. You can also email our firm at info@maginnislaw.com.