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3.7-14 Negligence - Un/Under-Insured
Motorist
Revised to January 1, 2008
The plaintiff has brought this action
against the defendant, (his/her) own insurance company, under coverage known as
uninsured / underinsured motorist coverage. The purpose of such insurance is to
provide compensation to the plaintiff for the damages that would have been
recoverable if the uninsured / underinsured motorist, <defendant's name>,
[or the unknown driver of the other car] had maintained an insurance policy to
adequately cover the plaintiff's losses from this collision. For this defendant
to be liable to the plaintiff, the plaintiff must show that the other driver was
negligent, that the negligence caused injury to the plaintiff and that the other
driver did not have (any / adequate) insurance.
The defendant has stipulated that the
plaintiff's insurance policy with the defendant provides this type of coverage
and that the policy was in full force and effect, and thus you need not concern
yourself with the specifics of the policy.
[<If there is no stipulation on
negligence:> Rather, you must determine if the plaintiff has proved that
the other driver was negligent, whether any such negligence caused injury to the
plaintiff, and if so, what amount of money will fully and fairly compensate the
plaintiff. <See
Negligence - Definition, Instruction 3.6-1,
Proximate Cause - Definition, Instruction 3.1-3, and
Damages - General, Instruction, 3.4-1.>]
[<If there is a stipulation on
negligence:> The defendant has agreed that the other driver was negligent
and caused the accident, and thus you need not concern yourself with the
question of who caused the accident. Rather, your only task is to determine
whether the plaintiff suffered injury as a result of the accident and, if so,
what amount of money will fully and fairly compensate the plaintiff. <See
Damages - General, Instruction 3.4-1.>]
[<If there is evidence of
underinsurance:>
<Select one of the following
as appropriate:>
-
You have heard
testimony that the plaintiff has already received some compensation from the
other driver.
-
The fact that the
plaintiff is suing <name of insurance company> for underinsured motorist
benefits suggests that the other driver had some insurance which was paid out to
the plaintiff.
If you determine that the plaintiff
was injured as a result of the negligence of the other driver, and awarded
damages from the defendant insurance company, the plaintiff will not receive
compensation twice for the same injuries. Your task is to determine whether the
plaintiff is entitled to an award of damages and, if so, in what amount. After
you determine the full amount to which the plaintiff is entitled, I will make
any necessary mathematical calculations after your verdict to adjust for any
sums the plaintiff may already have received.]
Notes
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