Underinsured Motorist Coverage and Serious Accidents
Having enough insurance available makes a big difference if you are ever involved in a serious car accident. Because the at-fault driver’s insurance may not cover your losses, underinsured motorist coverage can help close the gap. As a result, it is critically important to have significant UIM coverage. Hence the recent case of Traynum v. Scavens confirms the bad things that can happen if you don’t have UIM coverage.
Case Facts
This case involved a car crash, and Traynum sued Scavens for more than $175,000. While Scavens was at-fault, the suit settled for only $100,000, the limit of Scavens’s insurance. However, this left Traynum with unpaid damages. Unfortunately, Traynum did not have underinsured motorist coverage. As a result, Traynum sued Progressive Insurance claiming no “meaningful” offer of UIM coverage. Hence she wanted to court to add it to her policy. Because the trial court ruled for Progressive, Traynum appealed.
The Supreme Court agreed with the trial court. The court found that Progressive made a meaningful offer of UIM coverage to Traynum. Traynum chose to create a custom policy that did not include UIM coverage. She chose this custom policy over preset policies that included UIM coverage. Traynum also signed a few forms, one of which was about UIM coverage specifically. These facts indicated that Progressive conformed with the meaning of “meaningful” offer. South Carolina statute and case law define meaningful offer. Thus, the court refused to change Traynum’s policy.
Getting the Right Insurance Coverage
Having the right coverage can make the difference on whether you get the money you deserve after an accident. As a result, it is critical that you know what your insurance covers and what it does not. Because it is so important, make sure you have UIM and in significant amounts. While most people never think about it until it is too late, check on your limits now. Better to be safe now than sorry later. While we do this everyday, the laws are confusing to most. So give us a call, and we will explain how all of this works. Then you go get the coverage you need.