Also known as: uninsured motorists · UM coverage
Written by attorneys · grounded in primary & secondary sources — see below
A driver who lacks the liability insurance required by state financial responsibility laws. Such a motorist exposes accident victims to the risk of uncompensated losses because no policy exists to cover damages caused by the driver's negligence.
Uriel Urban and his wife retained a law firm to pursue claims against an uninsured motorist after a collision that also involved their child. The firm simultaneously represented the family's insurer. When the wife later sued the husband over liability allocation, the court disqualified the firm despite attempted waivers because the prior joint representation created non-consentable conflicts and confidentiality risks.
Ugo Ucelli was injured when his spouse's employer-provided vehicle was struck by an uninsured motorist. The employer had declined uninsured motorist coverage on that vehicle. Because the spouse had driven the car regularly for years, the couple could not recover uninsured motorist benefits under the employer's policy and instead turned to their own personal policies.
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A firm may be disqualified when an actual conflict arises, such as when one client sues another, even if some clients attempt to waive the conflict. Prior representation of a party creates presumptions about confidential information that screening cannot always cure.
Regular personal and business use of an employer vehicle can prevent recovery of uninsured motorist benefits under the employer's policy when the employer declined such coverage. The injured parties must then look to their own policies for protection.
Courts interpret uninsured motorist statutes to advance legislative goals of controlling insurance costs and reducing the number of uninsured drivers on the roads rather than maximizing restoration to every victim.