Uninsured Motorist

Uninsured motorist (UM) coverage is a type of automobile insurance that protects policyholders who are injured in accidents caused by drivers who have no auto liability insurance, as well as in hit-and-run accidents where the at-fault driver cannot be identified. UM coverage essentially steps into the shoes of the at-fault uninsured driver and provides compensation to the injured policyholder for damages they would have been legally entitled to recover from the at-fault driver — including medical expenses, lost wages, and pain and suffering.

Uninsured motorist coverage is required by law in many states, which mandate that auto insurers offer UM coverage up to certain minimum limits as part of any automobile liability policy sold in the state. Related to UM coverage is underinsured motorist (UIM) coverage, which protects policyholders when the at-fault driver has liability insurance but with limits too low to fully compensate for the injured party's damages. When the at-fault driver's liability limits are exhausted, UIM coverage provides additional compensation up to the policyholder's UIM limits.

Filing a UM or UIM claim involves notifying your own insurance company of the accident and the existence of the UM or UIM situation, and then proceeding through a claim process that resembles a traditional third-party liability claim. However, because you are now dealing with your own insurer rather than an adverse party's insurer, there may be unique strategic considerations. Your insurer has a duty of good faith and fair dealing toward you as a policyholder, which can give rise to a bad faith claim if the insurer unreasonably denies or underpays your UM or UIM claim.

One critical procedural requirement in UM claims involving a hit-and-run driver is that the policyholder must promptly report the accident and in some states must establish that the physical contact requirement is met — meaning the unidentified vehicle physically struck the insured's vehicle or another vehicle involved in the accident. Some states allow recovery without physical contact if there is credible independent witness testimony confirming the hit-and-run. Coverage disputes over UM and UIM claims are common and often require the assistance of an experienced personal injury attorney to resolve favorably.