Uninsured motorist (UM) and underinsured motorist (UIM) insurance, often called UM/UIM, refers to a specific type of auto accident coverage carried by some vehicle owners. Though required in many states, it is not always part of the mandatory minimum coverage package. An attorney can help you determine whether you carry UM/UIM coverage. Claiming UM/UIM insurance is complicated because, despite being coverage you pay for, it stands in place of the liable driver’s insurer. As such, you should rely on a car accident attorney to help you trigger your UM benefits and demand the maximum available compensation.
Even your own insurance company is protecting its bottom line, not you. Do not attempt to file a UM/UIM claim without legal assistance. Connect with a local car accident lawyer to discuss available coverage and claim damages under your uninsured motorist policy.
Understanding the Limits of UM/UIM Coverage
Uninsured motorist (UM) and underinsured motorist (UIM) coverage differ, although the same policy generally handles both claims. UM, insurance kicks in when you’re involved in an accident, and the negligent driver does not have insurance, flees the scene (hit-and-run), or the insurer denies coverage under a policy exclusion, such as when the vehicle was stolen or used for commercial rideshare purposes. UM coverage also provides benefits if you were struck by a vehicle as a pedestrian or cyclist.
UIM coverage becomes available when the liable driver’s insurance has been exhausted, meaning you’ve recovered the maximum available compensation under the driver’s policy, but you have damages above the driver’s coverage limits. For example, if the driver only carried a minimum of $25,000 in liability insurance but you suffered from a brain injury resulting in $150,000 of medical damages, you might claim the difference from your UIM carrier up to your policy limits.
Submitting Documentation to Trigger an Uninsured/Underinsured Motorist Policy
If you handle the initial liability insurance claim incorrectly, you might waive your right to obtain additional damages from your UM/UIM policy. Triggering these policies requires very specific paperwork from law enforcement, attorneys, the court, or the liable driver’s insurer. A car accident lawyer can file a claim by obtaining the following:
- Police report certifying a hit-and-run accident
- Letter of exhausted coverage from the liable insurer
- Letter denying accident coverage under the negligent driver’s policy terms
- Legal document or affidavit certifying no insurance
You cannot simply make a UM/UIM claim. To even trigger review, your attorney must show that you qualify to obtain benefits under the policy terms. Importantly, incorrectly settling a claim with a liable insurer – even for the policy limit – can prohibit you from obtaining UIM damages. An attorney must instead obtain a letter certifying that the liable policy has exhausted all benefits available for the claim despite there being additional damages. By settling a claim for less than the policy amount, you are admitting that you do not require additional compensation.
If you suffered from a catastrophic car accident injury, leaving you unable to work, do not accept even a full policy settlement offer without speaking with a personal injury lawyer. You may be leaving money on the table.
Proving Your Entitlement to UM/UIM Coverage
UM/UIM insurance should not be confused with personal injury protection (PIP), also known as no-fault coverage. Fault matters when you’re making an uninsured motorist claim. Even though you’re filing a claim with your own insurer, your UM policy stands in the legal place of the other driver’s insurer. This means you must show that the other driver was at fault for the accident to obtain coverage from your UM provider. It’s not automatic. This is one of the main reasons why you need a car accident lawyer to file a UM/UIM claim.
Even if the driver was uninsured, you must still show that the uninsured driver caused the accident and your injuries. This generally requires showing that the other driver engaged in negligent or reckless conduct, which commonly involves one of the following traffic violations:
- Speeding
- Distracted driving (texting)
- Driving under the influence of drugs or alcohol
- Failure to yield
- Unsafe lane changes
- Running red lights
- Failure to keep a safe distance
- Reckless driving
Simply showing that the other driver operated an uninsured vehicle or drove with a suspended license is not enough to trigger UM coverage. Your car accident attorney must prove that the other driver’s unlawful conduct caused the accident and resulting injuries. You should always have an experienced legal advocate during the UM/UIM claims process, just as you would when filing a liability claim.
Maximizing Available Insurance Compensation
Even after triggering UM/UIM coverage and proving fault, you must show your insurance company that you’re entitled to damages. Experienced car accident lawyers do this by submitting a strong settlement package to your UM/UIM carrier that includes your medical records, pay stubs, statements regarding your suffering, and expert witness reports calculating future anticipated damages. Based on this information, your attorney will demand financial compensation up to your policy limits.
After receiving the settlement package, legal counsel and your UM adjuster will generally enter into settlement negotiations. Your car accident attorney may demand the same compensation from your UM/UIM policy as from the liable insurer, including financial damages for your lost income, medical expenses, and pain and suffering. If your adjuster refuses to fairly settle your UM claim, experienced legal counsel might sue the insurance company for ‘bad faith’ or for breaching the insurance contract.
Connect with a Dedicated Car Accident Lawyer for Help Filing Your UM/UIM Claim
Obtaining financial damages from an uninsured or underinsured motorist policy is more legally complicated than making a liability claim. You need a car accident attorney to file the right triggering paperwork, prove liability, and demand fair compensation based on your damages. Remember, UM/UIM coverage is not automatic and is easily waived if you incorrectly settle your initial claims. Reach out to an experienced personal injury law firm near you for help filing a UM or UIM claim and maximizing the financial compensation available after your car accident.
