When there is a car accident involving a single at-fault driver, the question of when uninsured motorist (“UM”) coverage kicks in is an easy one to answer. UM coverage may apply when the at-fault driver either has no insurance or not enough insurance to cover your damages. But what about the scenario involving multiple at-fault drivers? Do you look to each car individually in determining whether there is sufficient liability coverage, or do you add all of the available liability policies together? In a recent case, I had the insurance company attempt to do the latter and argue that my client did not have a UM claim because there was enough liability coverage for my client’s damages when all of the liability policies were added together. The problem with that argument is that it ignores the apportionment of damages in which each defendant is only responsible for paying damages in proportion to its share of the blame. In my case, both insurance companies assessed one driver to be 75% at fault and another driver to be 25% to blame. As a result, I contended that the question was whether the driver who was 75% at fault had enough liability coverage to cover 75% of my client’s damages, and that if he did not, then my client’s UM policy should pay for the remaining uncovered loss.

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