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Uninsured and underinsured motorist claims

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Your own policy

The driver who hit you has no insurance, or a tiny policy. You might think that is the end. Often it is the start of a claim against your own insurer, and that claim has traps.

Tell us what happened What to do this week

What usually happens

Uninsured motorist coverage, called UM, pays when the at-fault driver has no insurance or cannot be found. Underinsured motorist coverage, called UIM, adds to a driver's policy when it is too small for your injuries.

In Ohio this coverage is optional. Many people have it without knowing. It is listed on your declarations page.

The hard part is that you are now making a claim against your own insurance company. It is not on your side for this. It is the other side.

What the insurer says, and what we do

“Your injuries are not worth the full limit.”

We build the claim the same way we would against a stranger's insurer: records, bills, lost pay, and how life changed.
“You settled with the other driver without asking us.”

This is the big trap. Many policies require notice, or consent, before you settle with an underinsured driver. We handle that order for you.
“This goes to arbitration.”

Many UM policies send disputes to arbitration instead of court. We prepare for that hearing like a trial.

UM and UIM, side by side

Two coverages with similar names, used in different situations.

Uninsured motorist (UM)

Pays when the at-fault driver has no insurance, or drove away and is never found. Your policy stands in for the missing one, up to your UM limit.

Underinsured motorist (UIM)

Pays when the at-fault driver has insurance, but not enough to cover your harm. You collect their limit first, then your policy may add more, up to your UIM limit.

Checklist

What to do this week

Find your declarations page. Look for uninsured or underinsured motorist lines.
Tell your insurer about the crash in writing. Policies often require prompt notice.
Do not sign a release with the other driver's insurer yet. It can affect your UIM rights.
Check other policies in your home. A relative's policy may also apply.

Who may pay

The at-fault driver's policy If there is one, we collect it first.
Your UM or UIM coverage Your own policy, up to the limits you bought.
Other policies in your household In some cases a family member's policy can add coverage.

Questions we hear about uninsured motorist claims

Do I have UM coverage?

Check your declarations page, or send it to us and we will read it with you. In Ohio it is optional, so some people have it and some do not.

Is this the same as a bad-faith claim?

No. A UM or UIM claim is collecting a benefit you paid for. If your insurer treats that claim unfairly, a separate bad-faith claim may follow, but it starts as a normal claim.

An example outcome

Example outcome Arbitration award

Uninsured and underinsured motorist claims

Her own insurer made a low offer

A woman was hit by an uninsured driver. Her own insurer offered a fraction of her UM limit and said her back injury was old.

What happened: Her medical records showed no back treatment in the ten years before the crash. The arbitrator awarded more than the insurer's last offer.

What we took from it Your own insurer is the other side in a UM claim. Prepare it like any other case.

These are invented examples for a sample website. They show the kinds of results a road injury firm might describe. Every case is different, and past results do not guarantee or predict a similar outcome in any other case. See all example outcomes.

Talk it through with Renee

Renee Calder leads our uninsured motorist work. Start the free case evaluation with this crash type already picked, or call the intake line any hour.

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