accident insurance.” We are mindful that, in practice, the timing of payment as between the two coverages may differ. A claimant may generally obtain UM benefits (subject to subrogation rights) without first suing the uninsured tortfeasor. See, e.g., State Farm Mut. Auto. Ins. Co. v. Galloway, 373 N.W.2d 301, 304 (Minn.1985) (noting that injured claimants commonly collect UM benefits, subject to the insurer’s subrogation rights, before commencing an action against the uninsured motorist). In contrast, because UIM coverage depends upon the tortfeasor’s liability insurance being insufficient to cover a claimant’s damages, a UIM claim does not mature until after liability and damages have been established. See, e.g., Emps. Mut. Cos. v. Nordstrom, 495 N.W.2d 855, 858 (Minn.1993) (<HOLDING>). Additionally, because UIM benefits are
holding that on appeal from an order denying a motion to compel arbitration a court may only determine whether a dispute is subject to arbitration other contractual challenges must be determined by the arbitrator holding that once the party seeking to compel arbitration establishes the existence of an arbitration agreement and that the claims raised fall within the scope of that agreement the trial court must compel arbitration holding an appeal may be taken from an order denying a motion to compel arbitration holding that in ruling on a motion to compel arbitration a court must consider 1 whether the parties have entered into a valid arbitration agreement 2 whether an arbitrable issue exists and 3 whether the right to arbitration has been waived holding that an injured claimant may not compel arbitration of uim coverage until after the tortfeasors liability and damages have been determined