UM Coverage Requires that the Other Vehicle be Uninsured or Underinsured

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When Ligia Charris was injured in an auto accident from a vehicle that hit her and ran, a bystander provided video that enabled her to identify the owner of the other vehicle. That vehicle was insured by State Farm. In the Matter of Government Employees Insurance Company v Ligia Charris, Truck Tan, LLC, et al., 2021 NY Slip Op 01257, State Of New York Appellate Division, Second Judicial Department (March 3, 2021) was asked to allow GEICO to escape because the other vehicle was insured.

ZALMA OPINION

Uninsured motorist coverage requires – as a matter of course – that the vehicle causing damage to the insured, be uninsured. When the insured proved that the vehicle was owned by Truck Tan and insured by State Farm, GEICO obviously had no obligation to pay an uninsured motorist claim since the vehicle that hit Ms. Charris was insured. She can still pursue Truck Tan and its insurer for her injuries. The big question, of course, is why anyone thought it useful to bring this dispute to court.