Statewide, around 12.5% of Alaskan drivers do not have insurance. That equates to around one in eight drivers, which is a relatively high risk. Following a crash with an uninsured or underinsured individual, injured parties without UM and UIM Insurance, must sue the at-fault driver for damages and injuries.

UM and UIM Insurance Coverage

Just like the names suggest, both UM and UIM Insurance coverage apply to different situations. However, in each case someone other than the injured party must be at fault for the wreck. The uninsured or underinsured motorist must be “at-fault” having done something wrong to cause the wreck.

Uninsured coverage applies immediately when an at-fault driver has no liability insurance at all.

Underinsured coverage applies when an at-fault driver driver does not have enough insurance to cover all damages they caused in the accident. When an uninsured or underinsured motorist hurts you in a wreck, YOUR UM and UIM insurance may be the only way to pay your medical bills and repair your car.

UM and UIM Insurance coverages apply to the following:

• Uninsured motorist property damage;
• Uninsured motorist bodily injury;
• Underinsured motorist property damage; and
• Underinsured motorist bodily injury.

Uninsured And Underinsured Coverage

UM and UIM Insurance provides coverage for you, your household members, and vehicle passengers. It also provides coverage for drivers given permission to drive your vehicle.

Call your insurance sales agent and schedule a policy review today! Be certain who your plan covers. Your insurance sales agent will explain your coverage and additional options in detail. Planning ahead allows you to have peace of mind regarding financial recovery if you get hurt in a crash.

If you suffer injuries in a crash with an uninsured or underinsured driver, discuss your claims with a personal injury attorney. Call Johnson Law to discuss your auto injury case and get a 100% free claim review: (907)277-3090 or use our online contact form.

This UM and UIM Insurance Article is Part 3 of a 6-Part Winter Auto Insurance Review Series. See these articles for information about Auto Liability Insurance, Auto MedPay, Umbrella Coverage, and Personal Injury Auto Claims.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Understanding Alaska Car Insurance

The three types of Alaska Auto Coverage insurance sold to Alaskans intended to help injury victims, include:

1. Liability insurance; 
2. Uninsured and underinsured motorists (often referred to as U/UIM); and 
3. Medical Payments Coverage (MedPay). 

An experienced  Alaskan personal injury attorney  reviews the driver’s and passenger’s insurance to determine if the policies apply to the crash.

1. Liability (Bodily Injury) Insurance

Alaska drivers must maintain at least 50/100 ($50K per person, up to $100K per incident) of liability insurance. This insurance normally covers against “loss from the liability imposed by law for damages that arise from the ownership, maintenance, or use of a designated motor vehicle.” It also normally insures against loss “imposed by law for damages that arise from use by the operator of a motor vehicle not owned by the operator.” In other words, liability insurance covers named insured and all those operating the insured vehicle with the owner’s permission.

2. Uninsured And Underinsured Motorist Coverage

Most drivers also carry uninsured and underinsured motorist coverage. This is a low cost insurance policy that protects drivers hit by people violating the law and not carrying required liability insurance. It can also provide coverage when there is a hit and run accident. Uninsured and underinsured motorist coverage normally extends to all occupants of the insured vehicle, including family members. It is also personal. That means your U/UIM insurance covers you whether you are in your own car or not. Alaskan case law provides that U/UIM insurance even covers pedestrians hurt by uninsured/underinsured motorists.

3. Medical Payments Coverage

Medical Payments refers to coverage included on some car insurance policies that pays medical expenses for all occupants in a vehicle suffering injuries from a crash. The coverage will cover both the person insured and passengers. MedPay covers injuries regardless of who causes the crash. Like U/UIM coverage, MedPay is personal. It normally covers you and your family even while in another person’s car, walking along a street, or on a pogo stick in Australia. It is a low cost insurance option that can be added to most insurance policies.

How Alaska Auto Coverage Helps

If you have suffer injuries following a car crash, even if it was a single car crash, you may be able to receive compensation for your injuries. This can include lost wages, medical bills, and pain and suffering. Having an Alaska personal injury attorney who understands the ins and outs of the Alaska court system is essential. Our attorneys will review your case at no cost.

Understandably, some people are uncomfortable with the thought of suing another family member. Fortunately, Alaskan law provides solutions to that problem. Johnson Law understands the purpose of insurance is to protect your family from catastrophic medical bills, regardless of who is at fault. 

Johnson Law knows Alaska and Alaska Auto Coverage Law. Find out how we can help. Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your motor vehicle crash injury case. We are here to serve you.

Johnson Law has been serving Alaska auto injury victims for 30 years. It’s who we are. And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Image Source: Car Insurance List: Car Insurance In Alaska

U/UIM Protects Alaskans In These Situations

You can purchase uninsured motorist (U) / underinsured motorist (UIM) coverage from your insurance provider. Although they cover different events, these two coverages are normally sold together as a package. U/UIM Protects Alaskans. These coverages are in addition to your liability coverage or Medical Payments coverage.

What Does U/UIM Cover?

U/UIM Protects Alaskans – it covers bills resulting from injuries or damages caused by a driver who didn’t have enough or any insurance coverage. Uninsured motorist insurance covers accidents caused by both hit-and-run drivers and drivers without coverage. Underinsured motorist insurance covers injuries and damages resulting from an accident caused by a driver who doesn’t have enough to cover all claims.

Alaskan Insurance Companies Must Offer U/UIM Coverage

While Alaskan Law does not force you to purchase U/UIM coverage, insurance companies in Alaska are required to offer UM/UIM coverage. This requirement falls under Alaska Statute 28.22.201.

Insurers must offer U/UIM limits that are at least equal to your liability policy limits. They must also offer optional higher limits. While insurance companies must offer U/UIM coverage, Alaskans have the option to decline or lower U/UIM coverage by signing a specific form.

Critical Notes On Uninsured / Underinsured Motorist Coverage

REMEMBER: U/UIM Protects Alaskans – If you choose not to sign a rejection or selection form, Alaska law requires the insurance company to include U/UIM coverage in your policy at limits that match your liability coverage. Your insurance provider will automatically added this coverage to your policy, unless you refuse. If you refuse the coverage, you must do so in writing.

Even if you have the minimum required liability insurance in Alaska – $50,000/$100,000 for bodily injury and $25,000 for property damage, damages from an auto accident could exceed these limits. To refuse U/UIM coverage, Alaskans must acknowledge they may not receive adequate compensation after a crash involving an uninsured or underinsured driver. U/UIM protects Alaskans.

Most importantly, U/UIM coverage is not automatically included in your policy; you must specifically request it. Once you reject the coverage, it’s excluded in any renewals unless you later request U/UIM in writing.

U/UIM Protects Alaskans and can be crucial in these situations, especially given that many drivers in Alaska and nationwide are uninsured or underinsured. 

If you are in an accident, it is important to gather as much information as possible from the other driver. Ask for registration in addition to proof of insurance. In many cases, several insurance policies can apply to assist in making injured parties whole following a crash.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are. Call Johnson Law at  (907)277-3090 or use our Contact Form to discuss your Alaska accident injury case. We are here to serve you.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Source: Safe Motorist: Alaska Safe Motorist Guide; Alaska Statute 28.22.201.

Image Source: Auto Insurance

Claim Example

A family called me about their son, “Jason” – a young man (16 years old) who was badly injured during a single-vehicle roll-over. The driver, Harvey, lost control of his vehicle and rolled off Chena Hot Springs Rd. Jason was not wearing his seatbelt. Harvey’s auto insurance company told Jason’s family: “Jason’s injuries are Jason’s own fault. Jason should have worn a seatbelt. Go away.”

Jason’s medical and surgical bills totaled more than $129,000. Jason will live with 60+ years of pain and limited mobility because of this wreck. The insurance company declined to provide any help for Jason and his family.

Proving Liability

Proving the liability claim denied by the insurance company: We gathered the police report, visited the scene, spoke with Harvey, measured and photographed the pickup truck, located the pickup’s “black box” and performed appropriate legal research. Initially, we confirmed: (1) that Harvey was negligent because the Rules of The Road require drivers to stay within their lane unless it is safe to leave it (13 AAC 02.085); and (2) that Harvey’s insurance company was only partially correct: Any part of Jason’s injuries caused by Jason’s failure to wear a seatbelt were Jason’s responsibility, not Harvey’s. Hutchins v. Schwartz, 724 P.2d 1194, 1199 (Alaska 1986).

Next, we focused on Jason’s injuries and whether they were caused not wearing a seatbelt.

We hired an Expert to investigate whether the lack of a seatbelt contributed to Jason’s injuries. The Expert performed extensive tests. He evaluated damage of Harvey’s pickup. The Expert’s report showed the insurance company was wrong. The Expert concluded: “No. Jason’s failure to wear a seatbelt in no way caused or made Jason’s injuries worse.” There was no connection between Jason’s failure to wear a seatbelt and Jason’s injuries. The crushed roof of the pickup impacted the pickup’s bench seatback. Because the roof was so badly crushed, if Jason had been wearing a seatbelt, he might have died in the crash. In other words, Jason was eligible for the insurance that Harvey’s and Jason’s families had purchased to protect them.

Resident Relative Claim

After we put together Jason’s case, Harvey’s insurance company paid Jason full liability “Policy Limits” of $100,000 under Harvey’s auto policy. It also paid Jason full Underinsured Motorist “Policy Limits” of another $100,000.

Finally, Jason’s family purchased auto insurance. They purchased both Uninsured Underinsured Insurance and Medical Payment Insurance. The family policy paid Jason an Underinsured Motorist “Policy Limit” of $50,000 as his mother’s Resident Relative. The family policy also paid Jason’s medical bills. The insurance also paid for the vocational rehabilitation Jason needs.

Johnson Law has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Please call Johnson Law to discuss your case: (907)277-3090 or use our online contact form.

Sources: Investopedia; Alaska Administrative Code; Justia U.S. Law

Image Source: Lovelace Health System

Nationally, around 13% of drivers do not have insurance. That equates to about one in eight drivers, a relatively high risk. If you get into a crash with an uninsured or underinsured individual, you would have to sue them personally for damages and injuries.

Uninsured Underinsured Auto Insurance

As the names suggest, Uninsured underinsured auto insurance applies to different situations. However, in each case, the other driver must be at fault. Uninsured coverage applies when the other driver does not have liability insurance. Underinsured coverage applies when the other driver does not have enough insurance to cover all damages from the accident.

There are four kinds of uninsured underinsured motorist coverage:

• Uninsured motorist property damage;
• Uninsured motorist bodily injury;
• Underinsured motorist property damage; and
• Underinsured motorist bodily injury.

What It Covers

Uninsured underinsured auto insurance is referred to as U/UIM. This type of insurance usually provides coverage for you, your household members, those permitted to drive your vehicle, and passengers of your car. However, it’s always a good idea to check your policy to know who your plan covers. In fact, your insurance company can explain the coverage in detail so you know what to expect if you get into a crash.

Is it time to review your Uninsured underinsured auto insurance? Most of us buy our first automobile insurance when we are “young and poor.” Our interaction with an insurance sales agent goes something like this: “I have no money. Sell me the cheapest coverage you have to let me legally drive in Alaska.” As a result, insurance sales agents normally sell us “statutory minimum”  “50/100” liability insurance. If we get really good advice, we also understand the value of and buy a matching 50/100 of U/UIM coverage. This U/UIM insurance provides us with minimal insurance when some drunk, uninsured driver takes us out while we are waiting for a red light to change.

U/UIM

Uninsured underinsured auto insurance protects you (and all occupants of your vehicle and family members) when you are run over by an Uninsured or Underinsured Motorist – usually a drunk driver. If you (and your family) are badly hurt by an uninsured or underinsured motorist, this insurance stands in the place of the other driver and pays your claims, just as the other driver’s liability insurance would pay them … if the drunk had any insurance. It is staggering how many Uninsured Underinsured drivers we have on Alaskan roads. U/UIM is VERY important insurance for you and your family.

Statutory Minimum Is Not Enough

Buy at least as much Uninsured underinsured auto insurance as you buy liability insurance. Consider buying more to better protect your family. This insurance coverage may be all that is available to address a lifetime of medical bills, unemployment and pain. We recommend at least 100/300 coverage or $100K per person, and $300K per accident. It is far better than 50/100, but it does not provide much beyond minimal protection. The next step up is 250/500 or $250K per person, and $500K per accident.

IMPORTANT: U/UIM insurance is usually less expensive than liability insurance. It is not linearly priced. In other words, doubling your U/UIM coverage will usually NOT double your premium payment. It is smart to think: “How much is my life – and my family’s lives – worth?”

This Blog is Part 2 of a 5 Part Series. Check these posts for information about Liability, Medical Payments, Umbrella, and Homeowner Insurance..

Johnson Law, P.C. has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Please call Johnson Law, P.C. to discuss your case: (907)277-3090 or use our online contact form.

Secondary Source: Insurance Information Institute

Image Source: Investopedia

Minimum Auto Insurance Requirements

Alaskan law requires liability insurance for drivers. Alaska statutes states that drivers must buy at least $50,000 of liability bodily injury coverage per person and $100,000 of liability bodily injury coverage per accident. Drivers must also buy $25,000 in liability property damage protection. Drivers must also prove they have insurance at all times. Failure to provide proof of insurance may result in a license suspension.

Statutory minimum does not mean fully insured. Although Alaska requires minimum levels of auto insurance, many crashes cause damages greater than minimum requirements cover. For example, a severe crash may result in long-term injuries. Such injuries reduce a victim’s ability to earn a living or limit quality of life. When this occurs, the injured person may require insurance beyond what an at-fault driver’s policy insures.

Additional Insurance Options During Insurance Coverage Review

Companies offer insurance beyond state requirements, such as uninsured (UM), underinsured (UIM), and medical payments coverage (MedPay). These insurances should be part of every insurance coverage review. They protect you when damages exceed the at-fault parties’ insurance available.

Uninsured/Underinsured Motorist Insurance

Uninsured/Underinsured Motorist coverage, usually called U/UIM – protects you (and all occupants of your vehicle and family members) when you are run over by an Uninsured or Underinsured Motorist – usually a drunk driver. If you (and your family) are badly hurt by an uninsured or underinsured motorist, this insurance stands in the place of the other driver and pays your claims, just as the other driver’s liability insurance would pay them … if the drunk had any insurance. It is staggering how many Uninsured / Underinsured Motorist we have on Alaskan roads. U/UIM is VERY important insurance for you and your family.

Prepare for winter weather driving. Buy at least as much U/UIM insurance as you buy liability insurance. Consider buying more to better protect your family. This insurance coverage may be all that is available to address a lifetime of medical bills, unemployment and pain. I recommend at least 100/300 coverage. It is far better than 50/100, but it does not provide much beyond minimal protection. The next step up is 250/500 or $250K per person, and $500K per accident.

IMPORTANT: U/UIM insurance is usually less expensive than liability insurance. It is not linearly priced. In other words, doubling your U/UIM coverage will usually NOT double your premium payment. It is smart to think: “How much is my life – and my family’s lives – worth?”

Medical Payments Insurance

Medical Payments Coverage or MedPay insurance normally pays for medical bills arising from an automobile accident. It covers you and all occupants of your vehicle. And while it is not mandatory under Alaskan law – it should be. Many people have no MedPay or only $5,000. This is not enough.

How Much Will I Pay for MedPay Coverage? We recommend you buy $100K of MedPay insurance. It should cost between $50 and $75 every six months. People with good MedPay coverage rarely get bankrupted by medical bills and aren’t harassed by collection agencies after a Motor Vehicle Accident. It is cheap peace of mind. Buy all you can afford.

Insurance Coverage Review For Winter

Prepare for winter weather driving with a full auto insurance coverage review. It is essential to have enough insurance in a car accident. After a serious automobile crash, contact an injury attorney. The attorney gathers evidence in your case to establish the negligence of a third-party causing injuries. If you are a victim of a motor vehicle collision, you have legal rights to hold negligent parties accountable. Including parties who don’t meet Alaska insurance requirements.

Johnson Law, P.C. has been helping Alaskans for nearly 30 years. It’s who we are.

And while we hope you never need us… We’re here if you do. ~ Doug Johnson

Please call Johnson Law, P.C. to discuss your case: (907)277-3090 or use our online contact form.

Sources: Alaska Division of Motor Vehicles, Alaska Statutes, Forbes

Image Source: The Smart Investor