Uninsured & Underinsured Motorist (UM/UIM) Claims
UM/UIM claims are a form of first-party coverage. You file against your own insurer, not the at-fault driver. That creates a unique situation: your own insurer has an interest in minimizing your payout.
Deadlines to take legal action vary by state and case type. Consult an attorney promptly to understand the timeline that applies to your situation.
When UM/UIM coverage may apply
- Uninsured (UM): The at-fault driver has zero active liability insurance or fled the scene (hit-and-run).
- Underinsured (UIM): The at-fault driver has insurance, but their policy limits are too low to cover your medical bills and lost wages.
- Phantom Vehicles: In many states, if a driver runs you off the road without contact and flees, UM applies (with corroborating evidence).
Why these claims can become contested
- "Lowball" Offers: Your insurer may try to pay only a fraction of your policy limit, arguing your injuries aren't "that bad."
- Offset Arguments: They may claim the at-fault driver's meager policy is all you are entitled to.
- Delay Tactics: Dragging out the investigation hoping you will accept a smaller check to pay immediate bills.
How to strengthen your UM/UIM case
- Document all treatment from day one.
- Preserve proof of lost income and reduced work capacity.
- Track out-of-pocket losses and recovery limitations.
- Keep all insurer communications and claim paperwork organized.
Answer a few quick questions and request a free review from a lawyer familiar with UM/UIM coverage disputes. No obligation to retain anyone.
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UM/UIM Claims FAQ
Can my own insurer fight my claim?
Yes. UM/UIM claims are often disputed even though the coverage is yours.
Do I need to settle with the at-fault carrier first?
In many cases yes, but process details vary by policy and state requirements.
Can UM/UIM include non-economic damages?
Often yes, depending on policy terms and applicable law.
What if this was a hit-and-run?
UM may still apply if reporting and documentation requirements are met.
How long do I have to file a UM/UIM claim?
Filing deadlines vary by state and by policy terms. UM/UIM claims often have shorter contractual notice requirements than the civil statute of limitations. Verify the specific deadline in your state and your policy with a licensed attorney.