After accident,I get 10k from the tortfeasor, and I have 50k of uninsured motorist, how much can I get in UM?

Question

If I'm in a car accident, and I settle with the person that hit me for 10k, and I have 50k in uninsured/underinsured motorist coverage, can I get 40k from my UM coverage or 50k from my UM coverage --- assuming my damages are 100k total.

Answer 1

Depends on the state, and if it's UNINSURED coverage, or UNDERINSURED coverage (UIM/UM).  If he has coverage, and you have UNINSURED coverage, you won't collect anything on your policy.  

If he has $10K, it's going to depend on how it works in your state.  Some states, if you have UIM, you collect the DIFFERENCE between what he has, and your limit.  Other states, your limit would stack on top of his limit, until you hit your damage total.

You need to check with YOUR AGENT, to figure out how it works, in YOUR STATE.  It could be nothing, or $40K, or $50K.

Answer 2

It may vary from state to state but in the states I have been an agent in it would be $40K from your UIM.  We cannot stack UM/UIM limits.

Raise your limits....

Answer 3

First check your state laws.  You can only receive your UM benefits if 1) 10,000 is the single person limit or 2) due to the number/severity of injuries involved, they could only pay you that amount because they reached their other limit.  

Next, in most states, the limits will stack.