This page was written, edited, reviewed & approved by Dustin Lance following our comprehensive editorial guidelines. Dustin Lance, the Founding Partner, has handled many types of personal injury cases and is licensed in Utah and Idaho.
If you’ve been involved in a car accident with an uninsured or underinsured driver, you might face challenges when trying to recover compensation for your medical expenses and car repairs. An underinsured motorist doesn’t have enough liability insurance to cover all your damages, leaving you to pursue other options.
Lance Bingham helps you understand the steps needed for filing claims against underinsured drivers after an accident and how to get the full and fair compensation you deserve. Our experienced Utah car accident lawyers are here to guide you through the personal injury claims process and ensure you are fully compensated for your property damage, medical bills, lost wages, and pain and suffering.
We fight for your rights to ensure that no matter the situation, you receive the compensation that truly reflects the impact of your accident.
When a driver is underinsured, it means their auto insurance policy doesn’t have enough insurance coverage to fully cover the costs of the accident, such as medical expenses, vehicle repairs, and lost wages.
If the at-fault driver only has the minimum liability coverage, and it’s not enough to cover all your damages, you may need to file a claim through your own uninsured motorist coverage or underinsured motorist (UIM) coverage.
| Insurance Type | Minimum Coverage | Actual Coverage Needs |
|---|---|---|
| Liability Insurance | Required by law (state-specific) | Often insufficient for serious accidents |
| Uninsured Motorist Coverage | Optional coverage in many states | Covers damages caused by uninsured drivers or those with too little insurance |
| Underinsured Motorist Coverage | Optional, added to the car insurance policy | Fills the gap when the at-fault driver’s insurance is not enough |
Underinsured motorist (UIM) coverage protects you when the at-fault driver’s insurance isn’t enough to cover your medical bills, car repairs, and lost income. It allows your own insurance company to make up the difference between what the other driver’s liability insurance covers and your actual damages.
Before filing a claim, you need to determine if the other driver is underinsured. This involves obtaining their insurance information and comparing it to your own losses.
At the accident scene, ask for the other driver’s insurance details, including their liability coverage limits. You can also obtain this information from the police report or through your insurance company.
Once you have the at-fault driver’s insurance information, compare their liability insurance limits with your total damages. If the other driver’s coverage doesn’t meet your needs, you may need to file a claim with your underinsured motorist (UIM) insurance.
Filing a claim against an underinsured driver can be complex, but taking the right steps can ensure you get fair compensation for your damages.
Contact your insurance provider to start the uninsured motorist claim. They will help you understand how to proceed with your underinsured motorist coverage and explain the claims process.
File a claim with the at-fault driver’s insurance company to cover any damages within the scope of their liability insurance. If their coverage is not enough, you can pursue additional compensation through your own UIM coverage.
You may need to handle multiple claims, including one with your own insurance company and one with the other driver’s insurance. Your car accident lawyer can help manage these claims and ensure you receive the maximum compensation.
When you are involved in an accident involving an uninsured driver or are hit by an uninsured motorist, your auto insurance policy plays a crucial role in covering your damages.
Here’s what you need to know about the different types of coverage and how they affect your insurance claim:
Personal injury protection (PIP) is a type of coverage that helps cover medical expenses after an accident, regardless of who is at fault. This can include hospital bills, doctor visits, and emergency care. If an uninsured motorist has hit you, PIP may help cover immediate medical costs while waiting for your insurance company to process your claim.
Uninsured motorist insurance (UM) and underinsured motorist insurance (UIM) are essential types of coverage that protect you if the other driver doesn't have enough insurance to cover your damages. UM/UIM can help you recover medical costs, property damage, and lost wages when the other driver’s liability insurance is insufficient or non-existent.
Collision coverage is an optional part of your auto insurance that helps pay for damages to your vehicle after an accident with an uninsured driver or a hit-and-run accident. It covers repairs or replacement of your car if it’s damaged in an accident, even if the at-fault driver is uninsured.
This coverage can be crucial in accidents involving uninsured drivers whose insurance doesn’t provide sufficient protection.
Underinsured motorist insurance covers several types of damages related to the accident. This includes compensation for your medical treatment, lost wages, and emotional distress caused by the accident.
When filing a claim against an underinsured driver, it’s important to account for all medical expenses related to the accident. This includes hospital bills, doctor visits, physical therapy, surgeries, and any ongoing medical treatment.
If the other driver’s insurance coverage isn’t enough to cover these costs, underinsured motorist (UIM) coverage can help bridge the gap, ensuring that you’re not left paying out of pocket for necessary treatments.
If your injuries prevent you from working, lost wages can become a significant concern. This includes the income you’ve lost while recovering and any future income you might lose due to long-term injury effects.
Underinsured motorist coverage can help compensate for these losses, covering not only the wages lost during recovery but also the future earning capacity if your injury reduces your ability to work in the future.
Pain and suffering refer to the physical pain and emotional distress caused by the accident. This includes the emotional distress resulting from your injury, such as anxiety, depression, and post-traumatic stress disorder (PTSD). It also covers the physical pain you experience from injuries that may require long-term care or result in permanent disabilities.
While harder to calculate than medical costs, these damages can significantly affect the full and fair compensation you are entitled to receive.
Filing a claim against an underinsured driver can come with challenges, especially when dealing with insurance companies and proving the full extent of your damages.
Insurance companies may try to minimize the payout or deny your claim altogether. Insurance adjusters often look for reasons to reduce the settlement, so it’s important to have a strong case.
To get the maximum compensation, you’ll need to prove all the actual damages, including your medical expenses, lost wages, and property damage. This often requires convincing evidence, such as medical records, repair estimates, and witness statements.
Maximizing your claim involves collecting evidence, negotiating with insurers, and documenting the long-term impact of your injuries.
When talking to insurance companies, be ready to explain what happened and show your evidence. Insurance companies may try to pay you less than what you deserve, so it’s important to stay firm. Having a car accident lawyer can help make sure you get the fair compensation you’re entitled to.
If your injuries last a long time or affect your ability to work, it’s important to keep track of everything:
Sometimes, the other driver’s insurance isn’t enough. If that happens, you may be able to get more money from other places:
In some situations, filing a personal injury lawsuit may be necessary if the insurance companies fail to provide fair compensation.
If UIM coverage isn’t enough or the insurance company disputes your claim, filing a lawsuit may be your best option. A lawsuit allows you to pursue the maximum compensation directly from the underinsured driver.
If a lawsuit is needed, a car accident lawyer will guide you through the process, from filing the lawsuit to collecting the fair compensation you deserve.
UIM coverage helps cover the gap when the at-fault driver’s insurance coverage is insufficient to cover your damages.
Yes, if the other driver is uninsured, you can file a claim through your own uninsured motorist coverage.
Uninsured motorist (UM) coverage helps pay for your medical expenses, property damage, and lost wages if you are in an accident with a driver who has no insurance or insufficient coverage.
Yes, many car accident lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This provides a financial safety net for accident victims.
Witness testimony can provide crucial support for your case, while the accident date is important for determining the statute of limitations for filing a claim.
If the driver personally doesn’t have enough insurance, you can use your own insurer’s uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage to pursue compensation.
Yes, your insurance agent can assist with the uninsured motorist (UM) claim process, helping you understand the coverage and ensure that you receive the compensation you're entitled to under your policy limits.
If you've been in an accident with an uninsured or underinsured driver, you may face difficulties recovering the compensation you deserve. Lance Bingham offers a free consultation to discuss your personal injury lawsuit and underinsured motorist claim.
Our experienced car accident lawyers will help you understand your rights, gather evidence, and ensure you get the maximum compensation possible for your medical bills, property damage, and lost wages.
Contact us today to start your claim and get the fair compensation you deserve.
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