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When The UM Claim Fails Because of the Insured

Juries sometimes grant damages based on the injury rather than negligence. This State Farm case raises questions about remedies available to insurers.

By Barry Zalma | Updated on October 01, 2012
The key to every claim is a thorough investigation of the facts of the case. A claim denied before completing a thorough investigation can be evidence of the tort of bad faith. 

Uninsured Motorist (UM) and underinsured motorist (UIM) coverages place the insurer in the place of a third party that was uninsured, underinsured, or unknown who allegedly caused injury to the insured. If the investigation shows the insured was liable for the accident—rather than the uninsured or underinsured motorist—then the insured cannot recover under a UM or UIM policy.

Juries, on occasion, will grant damages to an insured on a UM or UIM policy because of the seriousness of the injuries rather than on evidence of negligence. The insurer, faced with such a judgment, which is based more on feelings than the law, is not without a remedy. It can ask the court to grant a judgment notwithstanding the verdict because the judge agrees that the decision of the jury does not fit the fact proved at trial.

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