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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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if a passenger died in an accident and the drivers insurance

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if a passenger died in an accident and the driver's insurance will only pay 25, 000 can the underinsured part of the passenger's insurance kick in?


Thank you for your question.

A passenger who is killed in an automobile accident who has UIM coverage may assert a claim under the UIM coverage where the tortfeasor's policy limits have been exhausted through settlement. You should send a notice to the UIM carrier to assert a claim and also provide them with notice that the tortfeasor intends to settle by providing policy limits. You should specifically ask the UIM carrier for the consent to settle with the tortfeasor's insurer and obtain such consent in a written document.

Please let me know if you have further questions.


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