What is uninsured motorist (UM) coverage?
Uninsured motorist coverage provides protection when you are injured in an accident caused by a driver who has no automobile liability insurance. UM coverage may also apply in certain hit-and-run accidents where the at-fault driver cannot be identified.
What is underinsured motorist (UIM) coverage?
Underinsured motorist coverage may provide additional compensation when the at-fault driver's insurance policy limits are insufficient to fully compensate you for your injuries and damages.
Why is UM/UIM coverage important?
Many accident victims discover that the at-fault driver either has no insurance or carries only minimal coverage. Serious injuries can quickly exceed available liability limits. UM and UIM coverage can provide an important source of recovery when the responsible driver's insurance is inadequate.
Does UM/UIM coverage apply if I was a passenger?
In many situations, yes. Passengers injured in motor vehicle accidents may be entitled to benefits under one or more UM/UIM policies depending on the circumstances.
Can UM/UIM coverage apply if I was a pedestrian?
Possibly. In some situations, UM/UIM coverage may apply when a pedestrian is injured by an uninsured or underinsured driver. Coverage depends on the specific policy language and facts of the accident.
Does UM/UIM coverage apply to motorcycle accidents?
Many motorcycle accidents involve drivers who carry little or no insurance. Depending on the applicable policies, UM/UIM benefits may be available following a motorcycle accident.
What happens if the at-fault driver has insurance but not enough coverage?
You may have an underinsured motorist claim. UIM coverage may provide compensation above the at-fault driver's liability limits, subject to the terms and limits of your policy.
Can I make a claim against my own insurance company?
Yes. UM and UIM claims are often made through your own insurance company. Although it is your insurer, the company may still investigate and challenge aspects of your claim.
Will filing a UM/UIM claim increase my insurance premiums?
The answer depends on the circumstances and insurance company practices. However, the purpose of UM/UIM coverage is to provide protection for policyholders who are injured by uninsured or underinsured drivers.
What damages may be recovered through a UM/UIM claim?
Depending on the policy and circumstances, compensation may include:
- Medical expenses
- Future medical treatment
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Permanent impairment
- Disability
- Wrongful death damages
Can multiple insurance policies provide UM/UIM coverage?
In some situations, more than one policy may provide coverage. Determining which policies apply often requires a careful review of policy language and applicable law.
What is a hit-and-run claim?
A hit-and-run accident occurs when the at-fault driver leaves the scene without being identified. Depending on the facts and available evidence, uninsured motorist coverage may apply.
How do insurance companies evaluate UM/UIM claims?
Insurance companies typically review:
- Liability and fault issues
- Medical records
- Medical expenses
- Lost income
- Permanent injuries
- Available insurance coverage
- Witness statements
- Accident reports
Even though the claim may be made under your own policy, disputes can still arise regarding the value of the claim.
Should I accept the insurance company's offer?
Before accepting any settlement offer, it is important to understand the full extent of your injuries and damages. Once a settlement is accepted, additional compensation may not be available.
Do I need a lawyer for a UM/UIM claim?
UM/UIM claims can involve complex insurance issues, policy interpretation, notice requirements, consent-to-settle provisions, offsets, and coverage disputes. An attorney can help identify available coverage and protect your rights throughout the claims process.
Can UM/UIM coverage apply in Indiana and Kentucky?
Yes. Both Indiana and Kentucky recognize uninsured and underinsured motorist claims, although the laws governing coverage and recovery differ between the two states. Understanding which state's law applies can be critical to maximizing available benefits.
What should I do if I believe a UM/UIM claim may exist?
Prompt action is important. Insurance policies often contain notice requirements and other provisions that can affect coverage. Preserving evidence and obtaining legal advice early can help protect your claim.
Contact Doane Law Office
If you have questions about uninsured motorist or underinsured motorist coverage in Indiana or Kentucky, contact Doane Law Office for a free consultation.
Attorney Ken Doane has more than 25 years of experience handling motor vehicle accident claims and is licensed in both Indiana and Kentucky. We help accident victims identify available insurance coverage and pursue the compensation they deserve.
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There is no attorney fee unless compensation is recovered on your behalf.