Car accidents can shake up every aspect of daily life, resulting in unexpected medical bills and mounting expenses. If the driver who hit you has no insurance or doesn’t have enough coverage, the uncertainties feel even heavier. A abogado de accidentes automovilísticos can help you file a UM/UIM claim by reviewing your insurance policy, identifying the right steps to hold the at-fault driver accountable, and negotiating with your own insurance company for the compensation you deserve.
After an accident with an uninsured motorist (UM) or underinsured motorist (UIM), it’s common to lie awake at night worrying about how to cover doctor’s visits, car repairs, and time lost from work. You might be wondering if you have the right insurance or if you can recover the funds you need.
If you’re in this situation, you don’t have to tackle the process on your own. At Allen & Allen, we handle the paperwork, the phone calls, and the legal details on your behalf, so you can focus on healing and moving forward.
For more than 100 years, at Allen & Allen, we have committed to more than simply providing legal representation. We commit to making your fight our fight, ensuring you are treated fairly by the insurance companies, and obtaining justice on your behalf. That’s what we mean when we say “I am an Allen.”
What are uninsured motorist and underinsured motorist coverage?
Uninsured motorist coverage (often shortened to UM) is a feature of an auto insurance policy designed to protect you if you are hit by a driver who carries no auto insurance. In many situations, victims learn too late that the at-fault driver has let their policy lapse or never had one in the first place.
Instead of seeking payment directly from that uninsured driver—who might not have any means to pay—you file a claim with your own insurance provider. Your provider steps into the shoes of the uninsured driver for settlement purposes.
Underinsured motorist coverage (UIM), on the other hand, helps when the at-fault driver does have insurance, but the limits are too low to pay for the medical expenses, lost wages, and other damages you’ve incurred.
After you’ve received the maximum payout from the at-fault driver’s insurer, you may turn to your own policy and file a UIM claim to recover the difference, up to your own policy’s limits.
Insurance coverage and auto accident claims under Virginia law
In Virginia, all car insurance policies are required to include at least some UM/UIM coverage. However, some people don’t realize this cobertura del seguro exists until an accident happens. Having a lawyer guide you through a UM/UIM claim can be a relief because your attorney knows how to read insurance policies and negotiate for an outcome that aims to meet your needs.
Minimum liability limits
In Virginia, drivers are generally required to carry liability insurance with certain minimum amounts for bodily injury per person, bodily injury per accident, and property damage. These numbers can change over time due to legislative updates. UM/UIM coverage usually mirrors these liability limits unless the insured opts to purchase additional coverage.
Bodily injury vs. property damage
UM/UIM claims may also cover property damage to your vehicle, depending on the specific language of your policy. It’s useful to confirm if your collision coverage or comprehensive coverage interacts with UM/UIM.
The definitions and exclusions can be confusing, which is one reason why many people consult a lawyer, even for what might seem like a smaller claim. In many cases, getting a thorough policy review helps you understand which parts of your insurance can be leveraged to pay for vehicle repair or replacement.
Stacking UM/UIM coverage
Virginia law, in certain circumstances, may allow the concept of “stacking” UM/UIM coverage if you have more than one vehicle insured under separate policies. Stacking can increase the total compensation available to you, depending on the language in your policy and the specific facts of your case. Reviewing and interpreting these details can be part of what an attorney does to help you maximize compensation.
Filing a UM/UIM claim
Navigating the fine print of insurance policies and state laws can be time-consuming. If you’re trying to recover from injuries and return to daily activities, the last thing you need is the stress of decoding legal jargon. That’s where an attorney can make the process less burdensome, handling most of the groundwork involved in filing a UM/UIM claim.
Allen & Allen offers a free consultation and case evaluation. During this process, you discuss your accident, injuries, and available insurance coverage with an attorney. The attorney may request copies of your insurance policy, police report, medical bills, and any communication from the at-fault driver’s insurer.
Once you decide to work with Allen & Allen, we begin the process of building your case and working on your behalf to secure the compensation you deserve. This may include:
Reviewing your coverage
A car accident attorney can request your full insurance policy, including declarations pages, endorsements, and policy language. The aim is to determine exactly how your UM/UIM provisions operate. Your lawyer can also look for any additional coverage you might not realize you have, such as med pay or optional policy add-ons.
Investigating the crash
Attorneys review evidence such as police reports, witness statements, and photos of the accident scene to determine who was at fault and whether other parties might share liability. A thorough investigation supports stronger negotiations, even in a UM/UIM claim, because your insurer may demand evidence that the other driver was indeed responsible.
Communicating with insurance companies
After a crash, dealing with insurers can be frustrating. Each insurer may ask you for statements or push you to settle quickly. Having a lawyer on your side means you have someone who can handle those calls and letters for you.
Your lawyer will notify your insurance company of your intent to seek UM/UIM benefits. This usually comes after a determination is made about the at-fault driver’s lack of insurance or insufficient coverage. Your attorney will also handle negotiations with your insurance adjuster when it’s time to settle the UM/UIM portion of the claim.
Ensuring medical records and bills are properly documented
To recover the full measure of compensation, your injuries must be clearly documented. Your lawyer can gather medical records and itemized bills and can consult with healthcare providers to present a full picture of your injuries, treatment, and ongoing needs.
Documenting pain and suffering
Recovery extends beyond finances. Accidents can involve physical pain, emotional trauma, ongoing discomfort, and activity limitations. Documenting pain and suffering can be essential for a comprehensive claim. While medical bills are relatively straightforward, non-economic damages are more subjective. A lawyer can help collect witness statements, medical opinions, and daily journals of your pain or difficulty performing everyday tasks to demonstrate these intangible losses.
Pursuing maximum compensation
UM/UIM insurance can help pay for medical expenses, lost wages, pain, and other damages up to the policy limits. If you are facing a long road to recovery, your attorney will negotiate for compensation that is intended to help cover your needs, both now and in the future. If negotiations stall, an attorney can consider filing a personal injury lawsuit to resolve the claim through litigation.
Protegiendo sus derechos
Your attorney’s role includes ensuring that insurance companies follow Virginia law and honor the terms of your policy. If the insurer attempts to reduce or deny your claim, a legal advocate can intervene, presenting evidence that highlights the full impact of the accident on your life.
Ensuring compliance with legal deadlines
Virginia law imposes strict time limits on personal injury and UM/UIM claims, known as statutes of limitation. The time limit for personal injury claims is generally two years. The same is true for UM/UIM claims, though the specific clock can depend on various factors. An attorney can track these deadlines and file any necessary paperwork to keep your case on track.
Working with health insurers and other payors
Often, people use their health insurance to help pay for medical bills until a settlement is reached. Some health insurers then seek reimbursement from your settlement. This process, sometimes referred to as subrogation or reimbursement, adds another layer of complexity to UM/UIM claims.
An attorney familiar with these matters can negotiate with health insurance carriers, medical providers, or other payors to help resolve any liens. This can protect more of your compensation from going straight to these entities.
Even if your insurance company is cooperative, you might still feel uncertain about the best steps to take. An experienced attorney can walk you through potential scenarios and help you make informed decisions.
Common myths and questions about UM/UIM claims
It’s natural to have questions or doubts about the UM/UIM process. Below are a few misconceptions and questions people sometimes have:
I can’t file a claim against my own insurance company.
Actually, that is exactly how UM/UIM coverage is intended to function. You’re not suing your insurance provider for doing something wrong; rather, you’re making use of a benefit you’ve been paying for. The policy is there to protect you when someone else fails to carry adequate coverage.
It will cost too much to hire a lawyer.
Personal injury law firms often work on a contingency fee basis. That means you usually pay nothing upfront, and the attorney’s fee is a percentage of the final recovery. This arrangement helps people access legal help without worrying about hourly rates.
Filing a UM/UIM claim will automatically raise my premiums.
Insurers look at many factors when calculating premiums. While there could be an impact, a single claim doesn’t necessarily guarantee higher premiums, especially if you weren’t at fault. Many carriers also have policies in place to handle not-at-fault claims differently than at-fault claims.
I have enough savings, so I don’t need to worry about UM/UIM.
Even if you have significant savings, accidents can lead to expenses far beyond your budget. Medical care alone can quickly reach high five- or six-figure sums. UM/UIM coverage helps protect your financial stability in a situation you may never have expected.
What if the at-fault driver can’t pay after my UM/UIM coverage is exhausted?
Unfortunately, many uninsured or underinsured drivers don’t have the resources to pay beyond their policy limits (if they have a policy at all). Once you collect the maximum from your UM/UIM coverage, there may be few remaining avenues for compensation. However, your attorney might explore whether other parties could share liability or whether other insurance coverage is available.
How long does a UM/UIM case usually take?
The timeline varies. Some cases settle quickly if liability and damages are clear and the insurer is cooperative. Others may take longer if there’s a dispute over coverage or if you’re still undergoing medical treatment. Your lawyer can offer an estimate based on your case’s complexity.
Can passengers file a UM/UIM claim?
Passengers in your vehicle, and in some cases those in other vehicles, may have UM/UIM protection, depending on the policy language. A lawyer can determine which policy or policies may apply.
Is it possible to file a UM/UIM claim if I was injured as a pedestrian or cyclist?
In some situations, yes. If you were struck by an uninsured or underinsured motorist while walking or biking and you have an auto insurance policy with UM/UIM coverage, that policy may extend to you even though you weren’t in a vehicle at the time.
Contact Allen & Allen for help with your UM/UIM claim
At The Allen Law Firm, we understand the stress and worry that comes with injuries, medical expenses, and lost wages after a car wreck. When an at-fault driver’s insurance falls short, or if they don’t have insurance at all, you can lean on your UM/UIM coverage to protect you. That process is simpler with the guidance of a personal injury attorney who cares about your well-being.
Our attorneys aim to lighten your load so you can concentrate on your health and family. If you need assistance with a UM/UIM claim or want to discuss any aspect of your car accident, we invite you to reach out. One phone call or email can start you on a path toward resolution. Call Allen & Allen at 866-388-1307 o Contáctenos online to schedule a free consultation.