When you’re hit by a driver who either doesn’t have car insurance or doesn’t have enough of it, things get complicated fast. Your insurance coverage often contains provisions to protect you when the at-fault driver can’t, and this protection can be the difference between getting stuck with overwhelming bills or having the financial support you need to heal and move forward.
However, the tricky part is that even though you’re dealing with your own insurance company, that doesn’t mean they’re going to make it easy for you. In fact, your insurer often takes on a role similar to that of an opposing party in cases of claims against uninsured or underinsured drivers.
What to Do Immediately After the Accident
If you’ve just been in an accident and find out the other driver is uninsured or underinsured, your actions in those first few hours and days matter a lot. Start by calling the police and getting an official report. A police report helps establish what happened and who was likely at fault. Don’t leave the scene until you’ve exchanged information, taken pictures of the damage, and noted details about the location, weather, and other conditions.
Obtain Contact Information
Even if the other driver admits they have no insurance, make sure to get whatever contact information they provide. Sometimes people panic and lie about not having coverage, or they might think they’re uninsured when in fact they are on someone else’s policy. Either way, a police report makes your claim stronger.
Contact Your Insurance Company
Next, notify your insurance company. Tell them that the at-fault driver either didn’t have insurance or didn’t have enough to cover the damages, which is when your uninsured or underinsured motorist coverage should kick in, assuming you have it.
Checking Your Own Policy Coverage
You won’t know what kind of help you’re entitled to until you understand your policy. Pull out your declarations page and look for coverage for uninsured and underinsured motorists. In some states, this coverage is required by law. In others, it’s optional but highly recommended. If you do have UM or UIM coverage, speak to your insurance company and closely review your policy limits. Your compensation will be capped at these limits, even if your actual damages exceed them.
How Fault and Damages Get Evaluated
For a successful UM or UIM claim, you’ll need to prove two things: that the other driver was at fault and that your damages exceed what their insurance, if any, can cover. Proving fault usually involves the police report, witness statements, photos from the scene, and possibly expert opinions.
As for damages, you need to document everything. That means medical records, bills, repair estimates, lost income, and any out-of-pocket expenses related to the crash. The more thorough your documentation, the stronger your claim. If you’re unable to return to work or have ongoing medical needs, those future damages should be calculated and included as well.
The Role of Your Insurance Company
When filing an uninsured or underinsured insurance claim, remember that your insurance company is now playing a dual role. While they’re technically your insurer, they also act as the opposing party. Their goal isn’t to hand you a blank check. They’ll investigate the accident, review your documentation, and often push back on the value of your claim, which can feel frustrating, especially when you’ve paid your premiums faithfully and now need help.
How Underinsured Claims Differ in Practice
Underinsured claims often feel more complex than uninsured ones, because you first have to exhaust the at-fault driver’s insurance policy before your own UIM benefits kick in. That process can take time. You have to negotiate with the other driver’s insurance, accept a settlement, and then present that documentation to your insurer.
How Long Do You Have to File?
Each state has its own statute of limitations for uninsured and underinsured motorist claims. Some states give you as little as one year from the date of the accident to file, while others may allow two or three years. Your insurance policy may also contain contractual deadlines. Failing to meet these deadlines can destroy your claim before it ever gets off the ground.
Don’t wait. The sooner you act, the better. Evidence is fresher, memories are clearer, and your chances of building a strong case improve.
When to Involve an Attorney
If your claim is complex, if your insurance company is being difficult, or if your damages are significant, it’s wise to consult a personal injury attorney. They understand how these claims work and how insurance companies operate. An attorney can take over negotiations, deal with paperwork, and ensure that you don’t inadvertently say or do something that undermines your claim. Legal representation also levels the playing field. Your insurer likely has a team of lawyers. Having an advocate helps protect your interests.
Get Legal Support For Your Claim: Call Coppinger Law P.S. Today
Uninsured and underinsured motorist claims are among the more stressful parts of post-accident recovery. You expect your insurance to be a safety net, not a source of new problems. That’s why understanding your coverage, documenting everything, and staying proactive are so important.
When it feels like you’re being pushed around or ignored, don’t hesitate to seek professional help. Whether it’s a trusted attorney or a consumer advocate, having someone in your corner can make all the difference. These claims aren’t easy, but they are winnable, especially when you know your rights and don’t give up. Call Coppinger Law P.S. today at 360-685-7955 to schedule a consultation with our team.
