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I was recently in an accident the other driver was at fault. I have learned that he is an underinsured motorist. So my insurance has to open up an underinsured motorist claim. What does this mean? Is the at fault driver not liable for these expenses, or does he get off without paying. This doesn't make sense to me.

It sounds as if your insurance company is opening up an underinsured motorist property damage claim on your behalf because the at-fault party's liability property damage limits are not high enough to cover all of your damages.

Underinsured motorist property damage (UNDPD) is for when property damage is sustained by an insured and the negligent operator possesses insurance, but the limits of liability carried by the negligent driver are not sufficient to cover the damages.

If you don’t have Collision coverage, Underinsured Motorist Property Damage coverage pays up to a certain amount for repairs to the insured car (some states have limits at $3500, some are lower and some are higher). If you have Collision coverage, Underinsured Motorist Property Damage coverage only pays your Collision deductible (in some states).

This underinsured insurance comes into play once the at-fault party's limits have been reached, so their insurance is paying up to their limits and your underinsured motorist coverage takes over at that point.

You would have to speak to your insurance agent or claims adjuster to find out if your insurance carrier will later subrogate with the at-fault party to be reimbursed for these underinsured costs or not. Either way the at-fault party's insurance should be paying up to the person's limits so it is not only your insurance that is paying out on your total amount of damages.

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This car insurance answer was last updated 8:44 PM Feb-21.
This claims question was asked 12:45 AM Feb-16-2007.
Jean requested this car insurance help from CarInsurance.com experts.
Rated 9 out of 10 based on 1 vote.
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