Car accidents happen all of the time and often result in serious injuries. Normally, an injured party can recover compensation for their injuries from another driver if the other driver was at fault for the accident. However, many drivers fail to obtain the proper insurance for their vehicles. In that situation, this means an injured motorist can only recover compensation if they have uninsured motorist coverage through their own insurance.
In a recent case, a court considered a claim for uninsured motorist coverage and found the driver was able to receive his award without having it reduced by the money already paid by his insurer. The man was in a car accident with an uninsured driver and sustained serious injuries. The man had car insurance, which provided a total of $300,000 in uninsured motorist coverage and $5,000 in medical payments. His insurer paid the man’s medical bills up to the policy limit of $5,000 for medical payments in his policy. The man also made a claim for uninsured motorist coverage, but his insurer disputed the claim.
The man filed a lawsuit against his insurer for refusing to pay. The court found in his favor and awarded him over $68,000. But the court reduced the award by the $5,000 already paid by his insurer for medical bills. However, the state’s supreme court found the award should not have been reduced by $5,000. The court explained that statutory language barred the reduction in this case. As a result, the award was reinstated.