Loss of Consortium Claims May Also Be Made Under Uninsured Motorist Coverages

by Cynthia R.
(Urbana, MD)

Can a spouse pursue a loss of consortium claim under the Uninsured (UM) or Underinsured Motorist (UIM) coverages? Anonymous Reader, USA


Yes. If the spouse has a valid loss of consortium claim, he or she is able to pursue that claim under both regular liability coverages if the driver at fault has insurance, or their own UM/UIM coverages if the at-fault driver does not have insurance. The consortium claim is a derivative of the injured spouse’s claim, so whatever coverage the injured spouse is able to pursue for the general damages or pain and suffering, the other is also able to pursue.

UM/UIM coverages always come into play when the at-fault driver has no insurance; they provide the compensation that the at-driver's insurance would have if he/she had insurance. These coverages will compensate for valid claims of vehicle damages, necessary car rental, personal injury, lost income, lost consortium, etc. If further explanation is needed, please let us know.

This article is approved for informational purposes and is not intended to take the place of competent local legal counsel.

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