Uninsured Motorist Lawyer

Being injured in an accident caused by an uninsured or underinsured driver is a frustrating and stressful experience. You did everything right — you carried insurance, followed the rules of the road — and now the person who caused your injuries cannot pay for the damage they caused. Fortunately, you may still have options for recovering compensation through your own insurance policy or other legal avenues. At Maxx Compensation, attorney Charles C. Teale and our legal team help accident victims navigate uninsured and underinsured motorist claims and fight to recover every dollar of compensation available.

Call 877-462-9952 today for a free case evaluation.

What Is Uninsured/Underinsured Motorist Coverage?

Uninsured motorist (UM) and underinsured motorist (UIM) coverage are types of auto insurance that protect you when the at-fault driver either has no insurance at all or does not have enough insurance to cover your damages.

Uninsured Motorist (UM) Coverage

UM coverage applies when the at-fault driver has no liability insurance whatsoever. It also typically covers hit-and-run accidents where the at-fault driver cannot be identified. UM coverage pays for your medical expenses, lost wages, pain and suffering, and other damages up to your policy limits, just as the at-fault driver’s insurance would have if they had been insured.

Underinsured Motorist (UIM) Coverage

UIM coverage applies when the at-fault driver has liability insurance, but the policy limits are not high enough to cover the full extent of your damages. For example, if the at-fault driver has $25,000 in liability coverage but your damages total $150,000, your UIM coverage can help make up the difference, up to your own policy limits.

Is UM/UIM Coverage Required?

The requirements for UM/UIM coverage vary significantly by state. Some states require all drivers to carry UM/UIM coverage. Other states require insurance companies to offer UM/UIM coverage, but allow drivers to reject it in writing. And some states make it entirely optional. Regardless of whether your state requires it, UM/UIM coverage is one of the most valuable types of auto insurance you can carry, because it protects you against a risk you cannot control — the insurance status of other drivers on the road.

Understanding State Minimum Insurance Requirements

Every state (except New Hampshire, which does not require liability insurance but holds uninsured drivers financially responsible for damages) mandates that drivers carry minimum amounts of liability insurance. However, these minimums are often far too low to cover the cost of serious injuries. Many states still require minimums as low as $25,000 per person and $50,000 per accident in bodily injury liability coverage — amounts that can be exhausted quickly by a single emergency room visit and surgery.

When the at-fault driver carries only the state minimum and your injuries are serious, you are effectively dealing with an underinsured motorist. This is why UIM coverage on your own policy is so critical. Even drivers who comply with the law and carry the required minimum insurance may not have enough coverage to pay for the injuries they cause.

States That Require UM/UIM Coverage

A number of states require UM coverage, UIM coverage, or both as a mandatory component of every auto insurance policy. The specific requirements and minimum limits vary. In these states, you automatically have some level of UM/UIM protection unless you have explicitly rejected it in writing (which some states allow). If you are unsure whether your policy includes UM/UIM coverage, review your declarations page or contact your insurance agent.

States Where UM/UIM Coverage Is Optional

In states where UM/UIM coverage is optional, your insurance company may be required to offer it to you, but you are not required to purchase it. If you declined UM/UIM coverage when you purchased your policy, you may have no coverage when an uninsured driver injures you. This is one of the most important gaps in coverage that drivers should address, especially given the significant percentage of uninsured drivers on the road.

When Do You Need an Uninsured Motorist Lawyer?

Many people assume that filing a claim under their own insurance policy will be straightforward. After all, you are dealing with your own insurance company. Unfortunately, UM/UIM claims are often just as contentious as third-party claims. Your insurance company has a financial incentive to minimize what it pays, and it will use many of the same tactics that a third-party insurer would use, including:

• Disputing the severity of your injuries — Your insurer may argue that your injuries are less serious than you claim, that they were pre-existing, or that they are unrelated to the accident
• Offering lowball settlements — Insurance adjusters may offer a quick, low settlement hoping you will accept before you understand the full extent of your injuries
• Delaying the claims process — Dragging out the process to pressure you into accepting a lower amount
• Disputing liability — Even in a UM/UIM claim, your insurer may argue that you were partially or fully at fault for the accident to reduce what it owes
• Requiring arbitration — Many UM/UIM policies contain mandatory arbitration clauses that can limit your options if you disagree with the insurer’s valuation

An experienced uninsured motorist lawyer understands these tactics and knows how to counter them. Your attorney will document your injuries, calculate the full value of your claim, negotiate aggressively with your insurance company, and take the matter to arbitration or court if necessary.

The Adversarial Nature of UM/UIM Claims

One of the most important things to understand about uninsured motorist claims is that your own insurance company is not on your side in this process. While your insurer is contractually obligated to pay valid claims under your policy, it is also a for-profit business that benefits from paying as little as possible. When you file a UM/UIM claim, your relationship with your insurance company shifts from customer-insurer to claimant-payor — and the dynamics change accordingly.

Your insurance company may assign its own adjuster to evaluate your claim, hire an independent medical examiner (IME) to dispute the extent of your injuries, retain accident reconstruction experts to argue you were at fault, and invoke policy exclusions or limitations to reduce your recovery. In many UM/UIM disputes, the insurance company’s defense of the claim is every bit as aggressive as what you would face from a third-party insurer defending the at-fault driver.

This adversarial dynamic is why having your own attorney — someone who represents your interests alone — is critical in UM/UIM claims. Your attorney levels the playing field and ensures that your insurance company fulfills its contractual obligations.

What Are Common Scenarios Involving Uninsured or Underinsured Drivers?

Car Accidents

Car accidents are the most common scenario for UM/UIM claims. Despite laws requiring minimum insurance coverage, approximately 14% of U.S. drivers — roughly 1 in 7 — carry no liability insurance, according to the Insurance Research Council (IRC). When one of these drivers causes an accident, the injured victim must rely on their own UM coverage to recover compensation.

Motorcycle Accidents

Motorcycle accidents caused by uninsured drivers are particularly devastating because motorcyclists are more vulnerable to serious injury. UM/UIM coverage on your motorcycle policy can be a critical lifeline when the at-fault driver has no insurance.

Hit-and-Run Accidents

When a driver causes an accident and flees the scene, the victim is left with no one to file a claim against. UM coverage typically covers hit-and-run accidents, treating the unidentified driver as an uninsured motorist. However, some policies require that there be physical contact between the vehicles, while others do not. The specific terms of your policy matter.

Hit-and-run accidents present unique challenges beyond the insurance claim itself. Law enforcement may not be able to locate the fleeing driver, which means you cannot pursue a direct claim against them. In these situations, your UM coverage becomes your primary source of recovery. It is essential to report the accident to police immediately, document the scene as thoroughly as possible, and obtain contact information from any witnesses who may have seen the other vehicle or noted a license plate number.

Pedestrian and Bicycle Accidents

Pedestrians and bicyclists who are struck by uninsured drivers may also be covered under their own auto insurance UM/UIM policy, even though they were not driving at the time. In many states, UM/UIM coverage follows the policyholder, not the vehicle. This means that if you are hit by an uninsured driver while walking or cycling, your own auto policy’s UM coverage may still apply. Additionally, if you live with a family member who has UM/UIM coverage, their policy may cover you as a resident relative — even if you do not own a car yourself.

Accidents Involving Stolen Vehicles

When the at-fault vehicle was stolen, the vehicle owner’s insurance may deny coverage because the driver was not an authorized user. In this situation, the victim’s UM coverage may be the only available source of compensation.

Rideshare and Commercial Vehicle Accidents

Accidents involving rideshare drivers, delivery drivers, or other commercial vehicles can create complex insurance coverage questions. While commercial policies typically carry higher limits, coverage disputes can arise depending on whether the driver was logged into the app, actively transporting a passenger, or driving for personal purposes. When the commercial coverage is insufficient or disputed, your own UM/UIM coverage can serve as a safety net.

How Do Uninsured Motorist Claims Work?

Step 1: File a Claim With Your Own Insurance Company

After an accident with an uninsured or underinsured driver, you file a UM/UIM claim with your own auto insurance company. You will need to provide documentation of the accident, the other driver’s lack of insurance or insufficient coverage, and your injuries and damages.

Step 2: Investigation

Your insurance company will investigate the claim, which may include reviewing the police report, obtaining your medical records, taking a recorded statement from you, and having your vehicle inspected. Your attorney can guide you through this process and ensure your rights are protected.

Step 3: Negotiation

Your attorney will prepare a comprehensive demand documenting all of your damages and negotiate with your insurance company for a fair settlement. This process is similar to negotiating with a third-party insurer, except you are dealing with your own company.

Step 4: Arbitration or Litigation

If your insurance company refuses to offer fair compensation, the next step depends on your policy. Many UM/UIM policies require disputes to be resolved through binding arbitration rather than a lawsuit. In arbitration, a neutral arbitrator (or panel of arbitrators) hears both sides and makes a decision. If your policy does not require arbitration, your attorney may file a lawsuit against your own insurance company to recover the compensation you are owed.

What Is Stacking of UM/UIM Coverage?

“Stacking” refers to the ability to combine UM/UIM coverage limits from multiple vehicles on the same policy, or from multiple policies, to increase the total amount of coverage available. For example, if you have two vehicles on your policy, each with $100,000 in UM coverage, stacking would give you $200,000 in total coverage.

Whether stacking is allowed depends on your state’s laws and the terms of your insurance policy. Some states allow stacking by default. Others allow insurance companies to include anti-stacking provisions in their policies. And some states prohibit stacking entirely. An experienced attorney can review your policies and advise you on whether stacking is available to increase your potential recovery.

Intrapolicy Stacking

Intrapolicy stacking involves combining coverage limits from multiple vehicles listed on the same policy. If your policy covers three vehicles, each with $50,000 in UM coverage, intrapolicy stacking would give you $150,000 in total available coverage. States that permit intrapolicy stacking recognize that you are paying separate premiums for coverage on each vehicle and should be able to access the full benefit of those premiums.

Interpolicy Stacking

Interpolicy stacking involves combining UM/UIM coverage from two or more separate insurance policies. For example, if you have your own auto policy with $100,000 in UM coverage and you are also listed as a covered driver on your spouse’s policy with $100,000 in UM coverage, interpolicy stacking would allow you to access a combined $200,000. Interpolicy stacking is less commonly permitted than intrapolicy stacking, and the rules vary significantly by state.

How MedPay and PIP Interact with UM/UIM Coverage

Understanding how Medical Payments (MedPay) coverage and Personal Injury Protection (PIP) work alongside your UM/UIM coverage is important for maximizing your recovery.

Medical Payments (MedPay) Coverage

MedPay is a no-fault coverage on your auto policy that pays for medical expenses resulting from a car accident, regardless of who was at fault. MedPay can help cover immediate medical costs while your UM/UIM claim is being processed. In most states, MedPay benefits are payable in addition to UM/UIM recovery — meaning MedPay does not reduce the amount you can recover under your UM/UIM coverage. MedPay limits are typically modest (often $1,000 to $10,000), but they provide immediate access to funds for medical treatment without waiting for the UM/UIM claim to resolve.

Personal Injury Protection (PIP)

PIP coverage is required in no-fault states (including Florida, Michigan, New York, and others operating under state-specific no-fault statutes). PIP pays for medical expenses, a portion of lost wages, and sometimes other benefits regardless of fault. In no-fault states, PIP is typically your first source of recovery for medical expenses and lost wages. Your UM/UIM coverage then becomes relevant for damages that exceed PIP limits or for damages that PIP does not cover, such as pain and suffering (which generally requires meeting a serious injury threshold in no-fault states).

What Compensation Is Available in Uninsured Motorist Claims?

UM/UIM coverage provides compensation for the same types of damages you would recover from the at-fault driver’s insurance, up to your policy limits:

Economic Damages

• Medical expenses — Emergency care, hospitalization, surgery, rehabilitation, physical therapy, prescription medications, and future medical treatment
• Lost wages — Income lost while you were unable to work
• Loss of earning capacity — If your injuries permanently reduce your ability to earn a living
• Property damage — Some UM/UIM policies include property damage coverage, though this varies. Separate uninsured motorist property damage (UMPD) coverage may be available

Non-Economic Damages

• Pain and suffering — Physical pain from your injuries
• Emotional distress — Anxiety, depression, PTSD, and other psychological impacts
• Loss of enjoyment of life — Inability to participate in activities you enjoyed before the accident
• Loss of consortium — Impact on your relationship with your spouse

What If the At-Fault Driver Has Some Insurance, But Not Enough?

When the at-fault driver is underinsured, the claims process typically involves two stages:

1. Collect the at-fault driver’s policy limits — Your attorney will first pursue a claim against the at-fault driver’s insurance to collect the maximum amount available under their policy
2. File a UIM claim — After collecting from the at-fault driver’s insurance, your attorney will file a claim under your UIM coverage for the remaining damages. In most states, the amount you already collected from the at-fault driver is credited against your UIM recovery

Important: Before accepting a settlement from the at-fault driver’s insurance, you should notify your own insurance company. Many UIM policies require you to get your insurer’s consent before settling with the at-fault driver. Settling without consent could jeopardize your UIM claim.

The Consent-to-Settle Requirement

Most UIM policies contain a consent-to-settle clause that requires you to obtain your insurance company’s permission before accepting a settlement from the at-fault driver. The reason for this requirement is that your insurer has a right of subrogation — the right to step into your shoes and pursue a claim against the at-fault driver to recover what the insurer pays you under your UIM coverage. If you settle with the at-fault driver without your insurer’s consent, you may extinguish the insurer’s subrogation rights, which can give the insurer grounds to deny your UIM claim.

Always consult your attorney before accepting any settlement from the at-fault driver’s insurance. Your attorney will coordinate the process to ensure that your UIM rights are preserved.

What Other Sources of Compensation Are Available?

Depending on the circumstances of your accident, additional sources of compensation may be available beyond UM/UIM coverage:

• Medical Payments (MedPay) coverage — This coverage on your own policy pays for medical expenses regardless of fault, up to the policy limit
• Personal Injury Protection (PIP) — In no-fault states (including Florida, Michigan, New York, and others operating under state-specific no-fault statutes), PIP coverage pays for medical expenses and a portion of lost wages regardless of who caused the accident
• Third-party claims — If someone other than the uninsured driver contributed to the accident (such as a vehicle manufacturer, government entity responsible for road maintenance, or a bar that overserved the driver under dram shop liability statutes), you may have a separate claim against that party
• Lawsuit against the uninsured driver — You can file a personal injury lawsuit directly against the uninsured driver under standard negligence law. However, collecting a judgment from someone without insurance can be difficult if they lack significant assets
• Employer liability — If the uninsured driver was operating a vehicle in the course of employment, the employer may be liable under respondeat superior or negligent entrustment theories, even if the driver personally had no insurance

Insurance Bad Faith in UM/UIM Claims

When your own insurance company unreasonably denies, delays, or underpays a valid UM/UIM claim, it may be acting in bad faith. Insurance companies owe their policyholders a duty of good faith and fair dealing, which means they must investigate claims promptly, evaluate claims fairly, and pay valid claims within a reasonable time.

Examples of potential bad faith in UM/UIM claims include unreasonably delaying the investigation or payment of a valid claim, denying a claim without a reasonable basis, failing to conduct a thorough and fair investigation, offering an unreasonably low settlement amount, and misrepresenting policy provisions to reduce or deny coverage.

If your insurance company acts in bad faith, you may be entitled to additional damages beyond the policy limits, including consequential damages, emotional distress, and in some states, punitive damages. An experienced UM/UIM attorney can evaluate whether your insurance company’s conduct crosses the line from aggressive claims handling into actionable bad faith.

Frequently Asked Questions

Will my rates go up if I file a UM/UIM claim?

UM/UIM claims are filed because another driver caused the accident. In many states, insurance companies are prohibited from raising your rates based on a UM/UIM claim because the accident was not your fault. However, the rules vary by state, and some insurers may still consider the claim in future rate calculations. Your attorney can advise you on your state’s specific protections.

What if I do not have UM/UIM coverage?

If you do not have UM/UIM coverage and the at-fault driver is uninsured, your options are more limited. You may be able to recover through MedPay or PIP coverage on your own policy, file a lawsuit directly against the uninsured driver, or pursue claims against other responsible parties. Consulting an attorney is especially important in this situation to identify all potential sources of recovery.

Does UM/UIM coverage apply to hit-and-run accidents?

In most states and under most policies, yes. UM coverage typically treats a hit-and-run driver as an uninsured motorist. However, some policies require physical contact between the vehicles for hit-and-run coverage to apply, and some states have specific requirements such as filing a police report within a certain timeframe. Review your policy or consult an attorney to understand your coverage.

How much UM/UIM coverage should I carry?

As a general rule, you should carry UM/UIM coverage limits that match your liability coverage limits. If you have $100,000/$300,000 in liability coverage, carry the same in UM/UIM. Given the number of uninsured drivers on the road, higher UM/UIM limits provide better protection. The additional cost is typically modest compared to the protection it provides.

How long does a UM/UIM claim take?

The timeline varies. Some UM/UIM claims settle within a few months, while others take a year or longer, especially if the claim goes to arbitration. Your attorney will work to resolve the claim as efficiently as possible while ensuring you receive fair compensation.

Can my insurance company deny my UM/UIM claim?

Your insurance company can dispute or deny your UM/UIM claim, but that does not mean the denial is valid. Common reasons for denial include disputing liability, arguing the injuries are pre-existing, or claiming the policy does not cover the situation. An attorney can review the denial, evaluate its legitimacy, and challenge it through negotiation, arbitration, or litigation.

Do I need a lawyer for a UM/UIM claim?

While you are not required to have a lawyer, UM/UIM claims can be surprisingly adversarial because your own insurance company has a financial interest in paying as little as possible. An experienced attorney can ensure your rights under the policy are protected and fight for the full value of your claim.

What happens if the at-fault driver is identified after I file a UM claim for a hit-and-run?

If the hit-and-run driver is later identified and turns out to have insurance, the claim process may shift from a UM claim against your own insurer to a third-party claim against the at-fault driver’s insurer. If the at-fault driver is identified but has no insurance, your UM claim continues. Your attorney will manage this transition and pursue the avenue that provides the best recovery for your injuries.

Can I recover more than my UM/UIM policy limits?

Your UM/UIM recovery is generally capped at your policy limits. However, stacking may increase the available limits if permitted in your state. Additionally, if your insurance company acts in bad faith, you may be entitled to damages beyond the policy limits. And if other sources of compensation are available — such as claims against third parties, MedPay, or PIP — those recoveries are typically in addition to your UM/UIM benefits.

What if I was a passenger in someone else’s car when the accident happened?

As a passenger, you may have access to multiple sources of UM/UIM coverage. The driver’s UM/UIM policy may cover you as an occupant of the insured vehicle. Your own auto policy’s UM/UIM coverage may also apply, since UM/UIM coverage typically follows the policyholder regardless of what vehicle they are in. If you live with a family member who has UM/UIM coverage, their policy may cover you as a resident relative. An attorney can help identify all available policies and maximize your total recovery.

Find a Uninsured Motorist Lawyer in Your State

Maxx Compensation represents uninsured motorist victims across all 50 states. Select your state to learn about the laws and legal options specific to your location:

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Contact Maxx Compensation Today

If you have been injured by an uninsured or underinsured driver, do not assume you have no options. The experienced legal team at Maxx Compensation, led by attorney Charles C. Teale, will review your insurance policies, identify every source of available compensation, and fight to recover the maximum amount for your injuries.

Call 877-462-9952 today or visit our free case evaluation page for a free, confidential consultation. There is no fee unless we recover compensation for you.