How much can I get from an underinsured motorist claim? Auto accidents often bring a heavy and unexpected financial burden, especially when the at-fault driver’s insurance barely covers your expenses. Here’s a sobering fact: nearly 13% of drivers on the road are uninsured or underinsured, according to the Insurance Information Institute. That means about one in eight drivers could leave you facing unpaid bills if they’re at fault in an accident with you. This is where underinsured motorist coverage (UIM) steps in, offering a safety net when the other driver’s coverage falls short. But how much can you get from a UIM claim? Let’s explore how this type of coverage works and the key factors that affect your potential compensation.
The Truth About Underinsured Motorist Coverage
Underinsured motorist coverage (UIM) is part of your auto insurance policy designed to provide additional protection. This coverage kicks in when the other driver in an accident has insurance, but their policy limits don’t fully cover the extent of your injuries, lost wages, and other losses. If you’re in a situation where the at-fault driver’s policy maxes out and you still face uncovered expenses, your UIM coverage will bridge that gap.
But there’s more to UIM coverage than just plugging the hole left by the other driver’s insurance. The specific types of expenses that UIM might cover typically include:
- Medical expenses: These are immediate costs like ambulance rides, hospital bills, surgeries, and ongoing medical treatment.
- Lost wages: If the injuries prevent you from working, UIM can help recover some of your lost income.
- Pain and suffering: Sometimes, your policy may allow claims for non-economic damages.
- Property damage: While not standard, some states and policies also allow UIM coverage for vehicle or property repairs.
The amount of UIM coverage you have depends on what you opted for when purchasing your policy. Choosing limits that reflect your needs is crucial, as a severe accident could often exceed the minimum policy limits.
What Factors Affect How Much I Can Get from an Underinsured Motorist Claim?
The amount you can receive under your UIM claim isn’t clear. The following key factors all play a role in determining how much you might be able to recover:
- Your Coverage Limits
The first factor in calculating what you can receive from a UIM claim is the amount of underinsured motorist coverage you carry on your auto policy. If you opt for a higher UIM coverage limit, you’ll have more protection available. For example, if your policy includes a $100,000 per-person UIM limit, the maximum compensation available under that coverage is $100,000 per person. However, some policies may contain set-off language that reduces the amount available based on the other driver’s liability policy.
- Approval and Negotiation Requirements
In certain states and under certain policies, insurance companies require you to obtain their approval for any settlement with the at-fault driver’s insurer before making a UIM claim. Without this approval, the insurance company may deny your UIM claim, making it essential to navigate the process with precision. Insurance companies may also negotiate down the UIM amount, requiring claimants to prove the extent of their injuries and damages, even when coverage limits allow for more.
- Liability in the Accident
Determining liability, or who is at fault, is essential to any auto insurance claim. Under UIM claims, this becomes especially important, as your insurer will evaluate how much of the fault rests with the other driver. Even when it seems clear the other driver is at fault, your insurance company may conduct a thorough investigation. If you’re partially at fault, the amount you can receive from a UIM claim could be reduced based on your percentage of liability.
- Extent of Your Damages
To recover the maximum amount from a UIM claim, you must show the full extent of your damages. This can include both economic and non-economic damages:
- Medical records and bills: Document all treatments, therapies, prescriptions, and anticipated future medical expenses.
- Lost wages documentation: Be prepared to provide records showing any lost income due to time off work or reduced capacity to work.
- Pain and suffering evidence: Non-economic damages can sometimes be pursued under a UIM claim, depending on state laws and policy terms. In these cases, expert testimony and personal records detailing your physical and emotional suffering may help demonstrate the impact of the accident.
Insurance companies will often scrutinize every detail of your damages, and they may request substantial documentation. Detailed records of all injury-related expenses are essential for maximizing your UIM claim.
Why Working with an Attorney Can Make a Difference
Many people find the insurance claims process overwhelming, especially when dealing with UIM claims. Insurance companies are experienced in reducing payouts and may try to minimize the severity of your injuries or argue that certain damages aren’t covered. A personal injury attorney with experience in underinsured motorist claims can guide you through the process, ensuring that you meet all policy requirements, prepare strong documentation, and handle negotiations on your behalf.
By partnering with a personal injury attorney, you’ll have an advocate who knows how to navigate the claims process, negotiate with insurers, and, if necessary, pursue a lawsuit to ensure fair compensation.
Contact Pacin Levine for a Free Consultation
Now that we’ve addressed the question, “How much can I get from an underinsured motorist claim?” it’s clear that navigating the process can be complex. But you don’t have to face it alone. At Pacin Levine, P.A., we’re here to help you understand your rights, assess the compensation you may be eligible for, and advocate for you at every step. Contact us today at 1-800-24-7-CRASH (2727) to discuss your legal options and take the first step toward securing your financial future. We proudly serve the states of Florida, Illinois, and Pennsylvania.
