Have you been injured by an uninsured or underinsured driver? At Munley Law, we understand how frustrating and overwhelming this situation can be. Our experienced uninsured motorist accident lawyers specialize in helping victims navigate the complex world of uninsured motorist (UM) and underinsured motorist (UIM) claims nationwide.
Don’t let someone else’s lack of insurance leave you struggling with medical bills and lost wages. Contact our car accident lawyers today for a free consultation. We don’t get paid unless you win.
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Understanding Uninsured and Underinsured Motorist Coverage
While you never have to hire a personal injury lawyer for an uninsured motorist claim, there are benefits to doing so.
When another driver causes an accident but doesn’t have insurance—or doesn’t have enough insurance to cover your damages—your own uninsured/underinsured motorist coverage becomes essential. This coverage exists specifically to protect you in these situations, yet many people don’t fully understand how it works.
Uninsured motorist coverage kicks in when you’re hit by a driver with no insurance at all. Despite laws requiring auto insurance in nearly every state, the Insurance Research Council estimates that about one in eight drivers on American roads are uninsured. That’s millions of drivers who could cause accidents without the financial means to compensate their victims.
Underinsured motorist coverage applies when the at-fault driver has insurance, but their policy limits aren’t enough to cover your damages. For example, if you suffer $100,000 in damages but the at-fault driver only carries the state minimum of $25,000 in liability coverage, you’d be left with $75,000 in uncompensated losses without UIM coverage.
Why UM/UIM Claims Are Challenging
Uninsured motorist claims should be simple—after all, you’ve been paying premiums for this exact situation. Unfortunately, the reality is often much more complicated.
Insurance companies, even your own, are businesses focused on their bottom line. They may delay, undervalue, or outright deny valid claims. Some adjusters might suggest that your injuries aren’t as serious as you claim or weren’t caused by the accident. Others might pressure you to accept a quick settlement that doesn’t fully address your long-term needs.
The legal landscape for UM/UIM claims varies significantly from state to state. Some states have “stacking” provisions that allow you to combine coverage limits from multiple vehicles. Others have specific procedural requirements, including strict deadlines that could jeopardize your claim if missed.
Additionally, many policies contain complex language about offsets, exclusions, and coverage limits that can be difficult to interpret without legal training. At Munley Law, we’ve spent decades mastering these nuances to ensure our clients receive every dollar they’re entitled to under their policies.
When to File an Uninsured Motorist Claim
Several scenarios might trigger a UM/UIM claim:
- After an accident with a driver who has no insurance, your UM coverage provides a safety net for your medical expenses, lost wages, pain and suffering, and other damages. This coverage also applies in hit-and-run accidents where the at-fault driver can’t be identified.
- When the at-fault driver has some insurance but not enough, your UIM coverage bridges the gap between their policy limits and your actual damages. This situation is increasingly common as medical costs rise while many drivers carry only minimum coverage.
- In accidents involving multiple injured parties, the at-fault driver’s insurance may be quickly exhausted when divided among all victims. Your UIM coverage can help ensure you’re not left shortchanged simply because other victims filed claims first.
- Some policies even extend UM/UIM coverage to pedestrian and bicycle accidents, protecting you even when you’re not in your vehicle. This critical benefit is especially valuable in areas with high rates of uninsured drivers.
Time is of the essence in these cases. Most policies require prompt notification of potential claims, and valuable evidence can disappear quickly after an accident. Contacting an experienced attorney as soon as possible gives you the best chance of a successful outcome.
What You Can Recover in an Uninsured Motorist Claim
A successful UM/UIM claim can provide compensation for various damages, helping you recover both financially and physically after an accident. Potential recoverable damages include:
- Medical expenses, both current and future. This covers emergency treatment, hospital stays, surgeries, medications, physical therapy, and any ongoing care needed for your injuries. If your injury will require long-term treatment, we’ll work with medical experts to accurately project these costs.
- Lost income from missed work during your recovery, as well as diminished earning capacity if your injuries affect your ability to perform your job in the future. For those with permanent disabilities, this can be a substantial portion of your claim.
- Pain and suffering compensation acknowledges the physical discomfort and emotional distress caused by your injuries. While harder to quantify than medical bills, these non-economic damages are equally valid and often form a significant part of your recovery.
Some policies also cover property damage to your vehicle, though this is sometimes handled under a separate coverage section. We’ll help you understand exactly what your policy covers and how to maximize your benefits.
The amount you can recover is typically limited by your policy limits, which is why we always recommend carrying robust UM/UIM coverage. However, even within these limits, insurance companies rarely offer fair compensation without legal pressure.
How Munley Law Handles Your Uninsured Motorist Claim
Our approach to UM/UIM claims combines thorough investigation, strategic negotiation, and aggressive advocacy when needed. We begin with a comprehensive review of your insurance policy to identify all potential sources of coverage and understand any specific requirements or deadlines.
Next, we conduct a detailed investigation of your accident, gathering police reports, witness statements, medical records, and other evidence to build a strong case. We often work with accident reconstruction experts to establish precisely how the crash occurred and who was at fault.
With solid evidence, we prepare a detailed demand outlining the full extent of your damages. This isn’t just about adding up bills—it’s about telling your story and showing how the accident has impacted every aspect of your life.
Insurance companies are more likely to take your claim seriously when they see that you have experienced legal representation. We handle all communications with adjusters, ensuring you don’t say anything that could be used against you later.
If the insurance company refuses a fair settlement, we’re fully prepared to take your case to arbitration or court. Unlike many firms that prefer quick settlements, our trial attorneys have the experience and resources to fight for you through every stage of the legal process.
Why Choose Our Uninsured Motorist Accident Lawyers?
Experience matters when dealing with UM/UIM claims. The attorneys at Munley Law have specialized in these complex cases for over 65 years, developing a deep understanding of insurance law across multiple states.
Unlike general practice firms, we focus exclusively on personal injury law. This specialization lets us stay current with evolving insurance regulations and case law that could affect your claim. Our attorneys regularly attend and present at legal education seminars specifically focused on insurance litigation tactics.
Our firm’s record of success speaks for itself. We’ve secured millions in compensation for clients dealing with uninsured and underinsured motorist claims, often obtaining settlements well above initial offers.
We also understand the financial strain an accident can cause. That’s why we advance all costs associated with your case and work on a contingency fee basis—if we don’t win, you don’t pay. This arrangement allows you to access top-quality legal representation regardless of your financial situation.
Most importantly, we treat every client with compassion and respect. We understand that behind every case is a person struggling with physical pain, emotional stress, and financial uncertainty. Our attorneys and staff provide personal attention throughout the legal process, ensuring you never feel like another file number.
The UM/UIM Claims Process
Understanding what to expect can help reduce anxiety about the legal process. While every case is unique, most UM/UIM claims follow these general steps:
- The process begins with a free consultation where we’ll discuss your accident, injuries, and insurance coverage. We’ll explain your options and answer any questions you might have about moving forward.
- Once you decide to work with us, we immediately notify your insurance company of the claim and begin our investigation. This critical phase involves collecting evidence, interviewing witnesses, and documenting your injuries and treatments.
- After gathering sufficient evidence, we prepare and submit a detailed demand package to your insurance company. This typically includes medical records, proof of lost wages, and documentation of other damages.
- Negotiation follows as we work to secure a fair settlement that covers all your damages. We keep you informed throughout this process and never accept a settlement without your approval.
- If we can’t reach a fair agreement through negotiation, most UM/UIM policies require arbitration before litigation. This is a more streamlined process than a full trial, where an arbitrator or panel of arbitrators reviews the evidence and makes a binding decision.
- In some cases, litigation becomes necessary. While this extends the timeline, it sometimes results in significantly higher awards. Our experienced trial attorneys will guide you through this process if it becomes necessary.
Throughout these steps, we handle all paperwork, deadlines, and legal requirements, allowing you to focus on your recovery without the added stress of navigating complex insurance claims.
Frequently Asked Questions
Do I Need a Car Accident Attorney for My Uninsured Motorist Claim?
While not legally required, having an attorney significantly increases your chances of receiving fair compensation. Insurance companies have teams of adjusters and lawyers working to minimize payouts. Having your own legal advocate levels the playing field and often results in substantially higher settlements.
How Long Do I Have To File My Claim?
Deadlines vary by state and by insurance policy. Some policies require notification within as little as 30 days of the accident, while the statute of limitations for legal action typically ranges from one to three years. We recommend contacting an attorney as soon as possible after your accident to ensure you don’t miss any critical deadlines.
Can I Still Recover Damages if I Was Partially At Fault?
Yes, in many cases. Most states follow comparative negligence rules that reduce your recovery by your percentage of fault but don’t bar recovery entirely. Some UM/UIM policies have specific provisions addressing this issue, which we’ll review as part of your case evaluation.
Will My Insurance Rates Increase for Making a UM/UIM Claim?
In most states, insurance companies cannot legally raise your rates for making a UM/UIM claim when you weren’t at fault for the accident. However, insurance regulations vary by state, and we can advise you on the specific laws that apply to your situation.
What If the Uninsured Driver Doesn’t Have Any Assets?
This is precisely why UM/UIM coverage exists. Even if you obtain a judgment against an uninsured driver, collecting that judgment can be difficult or impossible if they have limited assets. Your UM/UIM coverage provides a guaranteed source of compensation regardless of the at-fault driver’s financial situation.
Contact Munley Law Today
If you’ve been injured by an uninsured or underinsured driver, don’t wait to get the legal help you need. The experienced attorneys at Munley Law are ready to review your policy, explain your options, and fight for the compensation you deserve.
Call us today for your free consultation. Our team is available 24/7 to take your call, and if you can’t come to us, we’ll come to you—whether at home, in the hospital, or via virtual consultation.
Remember, you pay nothing unless we win your case. Let our family help yours during this difficult time.
