BLOG

Uninsured and Underinsured Motorist Claims

Minor Car Accident

Understanding Uninsured and Underinsured Motorist Claims

Car accidents are stressful enough without the added frustration of dealing with an uninsured or underinsured driver. Unfortunately, many drivers either lack adequate insurance coverage or carry no insurance at all, leaving injured victims struggling to recover compensation for medical bills, lost wages, and other damages. At Boland Aarab PLLP, we have extensive experience helping clients navigate uninsured motorist (UM) and underinsured motorist (UIM) claims to ensure they receive the compensation they deserve.

What Are Uninsured and Underinsured Motorist Claims?

Uninsured Motorist (UM) coverage is designed to protect you if you’re involved in an accident with a driver who has no insurance. Even though Montana drivers are required to carry liability insurance, many people fail to comply. If an uninsured driver causes an accident, their lack of coverage means you could be left paying for your medical bills and damages out of pocket—unless you have UM coverage.

Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages. For example, if your medical expenses total $100,000 but the at-fault driver only has a $50,000 liability policy, UIM coverage can help bridge the gap.

Why UM and UIM Coverage Is Essential

Even if you’re a responsible driver with a solid auto insurance policy, you can’t control whether others on the road are insured or adequately covered. Consider these statistics:

  • According to the Insurance Research Council, approximately one in eight drivers in the U.S. is uninsured.
  • In some states, the percentage of uninsured drivers is significantly higher.
  • Many insured drivers carry only the state minimum liability coverage, which may be woefully inadequate in serious accidents.

UM and UIM coverage ensures that you aren’t left footing the bill for someone else’s negligence. Without it, recovering full compensation can be significantly more challenging, even if you take the at-fault driver to court.

How UM and UIM Claims Work

Filing a UM or UIM claim involves seeking compensation from your own insurance provider. This can seem straightforward, but insurance companies—yours included—are often more focused on minimizing payouts than fairly compensating policyholders. Some challenges you may face include:

  • Disputes over Coverage – Insurers may claim your policy does not cover your specific situation.
  • Delays and Lowball Offers – Even though you’re dealing with your own insurer, they may still attempt to pay you less than your claim is worth.
  • Burden of Proof – You must demonstrate that the at-fault driver was uninsured or underinsured and that your damages exceed their policy limits.

Common Scenarios Where UM/UIM Coverage Helps

UM and UIM coverage can be invaluable in a variety of accident scenarios, including:

  1. Hit-and-Run Accidents – If you’re hit by a driver who flees the scene and cannot be identified, UM coverage can step in to cover your losses.
  2. Severe Injury Cases – If you sustain catastrophic injuries, your medical expenses and lost wages may far exceed the at-fault driver’s policy limits.
  3. Multiple-Vehicle Pileups – In accidents involving several vehicles, multiple victims may be making claims against the same at-fault driver’s limited policy, leaving little coverage for each victim.
  4. Pedestrian and Bicycle Accidents – If you’re hit by a car while walking or biking, UM coverage may apply even though you weren’t driving at the time of the accident.

Steps to Take If You Need to File a UM or UIM Claim

If you believe you need to file a UM or UIM claim, follow these steps:

  1. Report the Accident – Contact law enforcement and obtain an official police report, which can be crucial for proving the other driver’s lack of insurance.
  2. Notify Your Insurance Company Promptly – Many policies require you to report UM/UIM claims within a certain timeframe.
  3. Gather Evidence – Keep medical records, photos of the accident scene, witness statements, and any correspondence with the at-fault driver’s insurer.
  4. Consult an Attorney – Dealing with insurance companies alone can be frustrating and may lead to unfair settlements. An experienced attorney can help maximize your recovery.

Why Choose Boland Aarab PLLP for Your UM/UIM Claim?

At Boland Aarab PLLP, we have a deep understanding of insurance law and know how to hold insurance companies accountable. Our approach includes:

  • Thorough Policy Review – We carefully analyze your policy to ensure all available coverage is utilized.
  • Aggressive Negotiation – We push back against unfair denials or lowball offers.
  • Litigation When Necessary – If your insurer refuses to pay what you’re owed, we are fully prepared to take your case to court.

Our firm has successfully handled numerous cases against insurance companies securing fair compensation for our clients. Whether through negotiation or litigation, we fight to make sure you receive the full benefits you are entitled to under your policy.

Final Thoughts

Uninsured and underinsured motorist coverage is a crucial safeguard against financial hardship following an accident. If you’ve been injured by an uninsured or underinsured driver, it’s important to act quickly and work with experienced legal counsel to ensure you receive full and fair compensation.

At Boland Aarab PLLP, we are dedicated to helping accident victims navigate the complexities of UM and UIM claims. If you or a loved one has been injured and need assistance, contact us today for a consultation. Let us help you get the compensation you deserve so you can focus on recovery.

To learn more, or to schedule a free consultation, please visit our site.