Being injured in a car accident is traumatic enough. When you discover the at-fault driver has no insurance or inadequate coverage, the situation becomes even more stressful. Unfortunately, uninsured and underinsured motorist accidents happen every day across the country, leaving innocent victims struggling to pay medical bills and recover lost wages.

If you’ve been hurt by a driver who lacks proper insurance coverage, you’re not without options. Understanding your rights under uninsured motorist (UM) and underinsured motorist (UIM) coverage can make the difference between financial hardship and full recovery. Prince & Associates, PLLC has decades of experience helping injury victims navigate these complex claims and recover the compensation they deserve.

This guide explains what happens when uninsured or underinsured drivers cause accidents, how your own insurance policy may protect you, and the steps you should take to protect your legal rights.

What Are Uninsured and Underinsured Motorist Claims?

Uninsured motorist coverage protects you when a driver with no insurance causes your injuries. Underinsured motorist coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your damages fully.

Most insurance policies include UM/UIM coverage as an optional or mandatory add-on, depending on your location. This coverage essentially allows your own insurance company to step in and compensate you when the responsible party cannot pay what you’re owed.

The coverage works similarly to a claim against the at-fault driver’s insurance, except you’re filing with your own carrier. You still must prove the other driver was negligent and that their negligence caused your injuries. However, you’re protected even when the negligent driver has no financial resources.

Common Scenarios Involving Uninsured or Underinsured Drivers

Several situations can leave you facing an uninsured or underinsured driver claim:

Hit-and-run accidents represent one of the most common scenarios. When a driver flees the scene without stopping, they often cannot be identified or located. Your uninsured motorist coverage treats this as an uninsured driver situation, providing compensation even though the driver was never caught.

Drivers without valid insurance cause thousands of accidents annually. Some people let their policies lapse due to financial hardship. Others drive illegally without ever purchasing coverage. When these drivers cause collisions, victims must turn to their own UM coverage.

Severe injuries exceeding policy limits trigger underinsured claims. For example, if you suffer catastrophic injuries requiring $300,000 in medical treatment, but the at-fault driver only carries $50,000 in liability coverage, you would file a UIM claim for the remaining $250,000 through your own policy.

Accidents with stolen vehicles may also qualify. If someone steals a car and causes an accident, the vehicle owner’s insurance typically won’t cover the crash. Your uninsured motorist coverage would apply.

Ride-share accidents can become complicated when determining available coverage. If the driver is between rides or the company’s insurance denies the claim, your UM/UIM coverage may become necessary.

Your Rights and Available Compensation Under UM/UIM Coverage

When filing an uninsured or underinsured motorist claim, you’re entitled to compensation for all accident-related losses, just as if you were filing against the at-fault driver directly.

Medical expenses form the foundation of most claims. This includes emergency room treatment, hospitalization, surgery, rehabilitation, physical therapy, prescription medications, and future medical care. You should never settle before understanding your long-term medical needs.

Lost wages and earning capacity matter significantly when injuries prevent you from working. You can recover income lost during recovery and compensation for diminished future earning ability if your injuries cause permanent limitations.

Pain and suffering compensates you for physical discomfort, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability. These non-economic damages often represent the largest portion of serious injury claims.

Property damage to your vehicle and personal belongings is also recoverable. However, this may be handled through your collision coverage rather than UM/UIM, depending on your policy terms.

Your own insurance company determines how much you receive, but they have a duty to handle your claim fairly. Unfortunately, insurers sometimes deny valid claims or offer inadequate settlements, even to their own policyholders. Call (888) 844-9406 or email contactus@princelawassociates.com if your insurance company isn’t treating your claim fairly.

Critical Steps to Take After Being Hit by an Uninsured or Underinsured Driver

The actions you take immediately after an accident significantly impact your ability to recover full compensation.

Seek immediate medical attention, even if you feel fine initially. Adrenaline masks pain and injury symptoms often appear hours or days later. Medical records created promptly after the accident serve as crucial evidence linking your injuries to the collision.

Report the accident to police and ensure an official report is filed. This documentation establishes the basic facts of the collision and may identify the at-fault driver’s insurance status or lack thereof.

Collect evidence at the scene if you’re physically able. Take photographs of vehicle damage, road conditions, traffic signals, and visible injuries. Get contact information from witnesses who saw what happened. Document the other driver’s license plate, driver’s license, and insurance information, if available.

Notify your own insurance company immediately about the accident. Your policy likely requires prompt reporting of any collision. Don’t wait to discover the other driver is uninsured before reporting—inform your carrier right away.

Review your insurance policy carefully to understand your UM/UIM coverage limits and requirements. Look for any deadlines or conditions that might affect your claim. If you have questions about your coverage, an experienced attorney can review your policy and explain your options.

Keep detailed records of all expenses and losses. Save medical bills, receipts, pay stubs showing lost wages, and a journal documenting your pain levels and how injuries affect your daily life. This documentation strengthens your claim when negotiating with your insurance company.

Do not give recorded statements to any insurance company without speaking to an attorney first. Even your own insurer may use your words against you later when determining fault or damages.

Common Mistakes That Can Destroy Your UM/UIM Claim

Many injury victims inadvertently damage their claims by making preventable mistakes.

Delaying medical treatment is the most damaging error. Insurance companies argue that gaps in treatment mean injuries weren’t serious or weren’t caused by the accident. Seek treatment immediately and follow all your doctor’s recommendations consistently.

Accepting quick settlement offers before understanding the full extent of your injuries leaves money on the table. Once you sign a release, you cannot reopen your claim when additional injuries or complications surface. Never settle until you’ve completed treatment or your doctor determines you’ve reached maximum medical improvement.

Failing to identify UM/UIM coverage happens more often than you might think. Some people don’t realize they purchased this coverage or don’t understand how it works. Check every insurance policy you have—including policies on vehicles you don’t drive regularly—as coverage may stack in some situations.

Missing deadlines can forfeit your rights entirely. Insurance policies contain strict time limits for reporting accidents and filing claims. Some policies require you to notify the company within days, while others allow more time. Missing these deadlines gives the insurance company grounds to deny your entire claim.

Handling complex negotiations alone rarely produces optimal results. Insurance companies employ experienced adjusters and attorneys whose job is minimizing payouts. Without legal representation, you’re at a significant disadvantage when negotiating with professionals trained to reduce claim values.

Providing inconsistent information undermines your credibility. Always be truthful and consistent when describing the accident and your injuries. Adjusters look for any discrepancies between what you tell them, what you told police, and what appears in medical records.

Why You Need an Experienced Attorney for Uninsured Motorist Claims

UM and UIM claims involve unique challenges that make legal representation especially valuable.

Your own insurance company becomes your adversary. Even though you’ve paid premiums for years, the company has a financial incentive to deny or minimize your claim. An attorney protects your interests when your insurer isn’t acting in good faith.

Policy interpretation requires expertise. Insurance policies contain complex language, exclusions, and conditions that affect your rights. Attorneys understand how courts interpret these provisions and can identify coverage you might overlook.

Valuing serious injuries demands experience. Determining fair compensation for catastrophic injuries, permanent disability, or wrongful death requires understanding future medical costs, lifetime earning capacity, and quality-of-life impacts. Attorneys work with medical experts and economists to calculate accurate claim values.

Negotiation skills matter tremendously. Experienced attorneys know what insurance companies pay for similar claims and use this knowledge to demand appropriate settlements. They also recognize when insurers are acting in bad faith, which can trigger additional damages.

Litigation becomes necessary when insurance companies refuse reasonable settlements. Most personal injury attorneys handle claims on a contingency basis, meaning you pay nothing unless you recover compensation.

Prince & Associates, PLLC understands the frustration of being injured by an irresponsible driver who lacks adequate insurance. We’ve helped countless clients recover full compensation through UM/UIM claims, even when insurance companies initially denied their claims or offered inadequate settlements. Call (888) 844-9406 or email contactus@princelawassociates.com to schedule a free consultation and learn how we can help you.

Frequently Asked Questions About Uninsured and Underinsured Motorist Coverage

What if I don’t have UM/UIM coverage?

If you don’t have this coverage and an uninsured driver injures you, your options are limited. You can sue the at-fault driver personally, but collecting a judgment from someone without insurance or assets is often impossible. This is why purchasing adequate UM/UIM coverage is so important.

Can I still file a claim if I was partially at fault?

Fault rules vary, but you can typically still recover compensation if you were less responsible than the other driver. Your compensation may be reduced by your percentage of fault, but you’re not automatically barred from recovery.

How long do I have to file a UM/UIM claim?

Deadlines vary by policy and location. Some insurance policies require notice within days or weeks, while statutes of limitations may give you years to file a lawsuit. Contact an attorney immediately to ensure you meet all deadlines.

Will filing a UM/UIM claim increase my insurance rates?

Generally, filing a UM/UIM claim should not increase your premiums since you weren’t at fault. However, insurance companies have different practices, and having an attorney involved may prevent unfair rate increases.

Conclusion: Protect Your Rights After an Accident with an Uninsured Driver

Being hit by an uninsured or underinsured driver doesn’t mean you should suffer without compensation. Your own insurance policy likely provides protection specifically designed for these situations.

Understanding your UM/UIM coverage, taking prompt action after an accident, and avoiding common mistakes can make the difference between financial struggle and full recovery. However, navigating these claims while recovering from injuries is challenging, and insurance companies don’t always act in your best interest.

You don’t have to face this process alone. Prince & Associates, PLLC has the experience and dedication needed to maximize your uninsured motorist claim and hold insurance companies accountable for honoring their obligations.

If you’ve been injured in an accident with an uninsured or underinsured driver, call (888) 844-9406 or email contactus@princelawassociates.com today for a free consultation. We’ll review your case, explain your options, and fight to recover every dollar you deserve. Don’t let an irresponsible driver’s lack of insurance prevent you from obtaining justice.