Filing a Claim for Accidents Involving Uninsured or Underinsured Drivers

by: 
 | January 22, 2025
Filing a claim for accidents involving uninsured or underinsured drivers

You're driving home when another car runs a red light and crashes into you. The other driver is at fault, but you find out they have no insurance. Now, you're stuck with medical bills and car repair costs. This happens more often than you think, so understanding your insurance coverage is crucial.

At BAM Personal Injury Lawyers, we work diligently to protect your best interests. If the other driver is uninsured or underinsured, we help you seek compensation from the other driver to cover all your medical bills, repairs, and lost wages.

Understanding Uninsured and Underinsured Motorist Coverage

Coverage for uninsured and underinsured motorists is essential to your auto insurance policy. In this case, your own insurance company can cover costs when the at-fault driver lacks sufficient insurance to compensate for your damages. However, they only do this for you if you have this essential rider.

UM (uninsured motorist) coverage applies when the other driver has no insurance at all. UIM (underinsured motorist) coverage commences when the at-fault driver’s liability insurance no longer covers your medical bills. It also provides for property damage and other related expenses. Both types of coverage offer critical financial protection in a car accident.

What UM/UIM Insurance Covers

Your uninsured motorist coverage steps in to pay for damages and your injuries when the at-fault driver lacks insurance. This coverage includes your medical bills, lost wages while you recover, and compensation for pain and suffering. These policies often make the difference between financial stability and hardship after an accident.

Property damage from an uninsured driver can also fall under this coverage, helping you repair or replace your damaged vehicle.

Differences Between Uninsured and Underinsured Drivers

An uninsured driver has no auto insurance at all. You might encounter this in a hit-and-run accident or when a driver's policy has lapsed.

An underinsured driver carries insurance but not enough to cover all your damages. For example, if you have $50,000 in medical bills but the at-fault driver only has $25,000 in liability coverage, your underinsured motorist coverage can help bridge that gap.

Legal Requirements for Car Insurance in Idaho

Idaho law requires all drivers to carry liability insurance with minimum limits of $25,000 for injury to one person, $50,000 for injury to multiple people, and $15,000 for property damage. Despite this, many drivers still fail to comply with these requirements.

While Idaho does not require you to carry uninsured motorist (UM) coverage, we strongly recommend it based on our experience with numerous accident cases. This coverage becomes crucial when encountering one of the many uninsured or underinsured drivers on Idaho roads. Having UM coverage can help protect you and ensure you have enough insurance coverage to handle medical bills, car repairs, and wage loss.

Steps to File a UM/UIM Claim

Steps to file a UM/UIM claim

Filing a claim through your uninsured or underinsured motorist coverage requires following certain steps. Following these ensure your rights are protected and your claim is processed efficiently:

  1. Call the police and file a report: After the motor vehicle accident, contact the police immediately. This establishes an official record of the accident caused by the at-fault party, whether it's an uninsured driver, underinsured motorist, or phantom vehicle. The report should include essential details such as the other vehicle's license plate and the negligent driver's actions.
  2. Notify your insurance company: Contact your insurer immediately to report the accident. Inform them you plan to file a UM/UIM claim. Your insurance claim should include all relevant details about the at-fault driver and the incident.
  3. Gather evidence: Take photos of the accident scene, vehicle damage, and any visible injuries. Get contact information from witnesses and document the other driver’s details—even if they lack enough insurance coverage. Evidence is critical for your injury claim and ensures you meet the minimum requirements for supporting your case.
  4. Document medical treatment and expenses: Keep thorough records of your medical treatment, including medical bills, prescriptions, and therapy costs. These documents demonstrate the severity of your injuries (including brain injuries or spinal cord injuries) and the compensation needed to cover costs.
  5. Track wage loss and other damages: If you cannot work due to injuries, calculate your wage loss and include it in your claim. Other damages, such as pain and suffering, should also be documented.
  6. Cooperate with your insurer: Work diligently with your insurer by providing requested documents and attending medical evaluations if needed. This helps avoid delays in processing your claim.

By following these steps, you improve your chances of receiving fair compensation under your own policy’s uninsured underinsured motorist coverage.

Challenges in UM/UIM Claims

Filing an uninsured motorist claim might seem straightforward, but several obstacles can appear.

Disputes Over the Severity of Damages

Your insurance company might question the seriousness of your injuries or argue that some of your medical treatment wasn't necessary. We see this often, even when you've paid premiums for years.

Documentation becomes your best defense. Keep every medical record, bill, and receipt. Take photos of your injuries as they heal. Journal how your injuries impact your daily life.

Delays in Receiving Payment From Your Insurance Company

Insurance companies sometimes drag their feet on paying claims, hoping you'll accept a lower settlement out of frustration or financial pressure.

Your regular bills don’t stop while you wait for payment. We can help speed up the process and fight for your right to prompt compensation under Idaho law.

Limits on UM/UIM Coverage Amounts

Your uninsured motorist coverage has limits, just like other types of insurance. If your damages exceed these limits, you should explore additional options for compensation.

For example, if you have $100,000 in medical bills but only $50,000 in UM coverage, you'll need to consider other ways to cover the remaining costs.

Proving the Other Driver's Liability

Proving the other driver's liability

Even with UM/UIM coverage, you must prove the other driver caused the accident. Your insurance company won't pay under UM/UIM coverage unless you show the other driver was at fault. Please note that even if you are at fault, your insurance company will pay to fix your car if you have collision coverage.

Role of Police Reports and Witness Statements

The police report often provides crucial evidence about how the accident happened and who was at fault. Officers note important details like skid marks, vehicle damage, and statements from everyone involved.

Witness statements can back up your version of events. We will talk to the witnesses while their memories are fresh and obtain their statements in writing.

How a Lawyer Can Strengthen Your Claim

We know what evidence insurance companies seek and how to present it effectively. Our experience with Idaho insurance laws helps us anticipate and counter common defense tactics.

We'll investigate the accident thoroughly, often uncovering evidence you might have missed. This could include security camera footage, cell phone records, or expert accident reconstruction.

Legal Options If UM/UIM Coverage Is Insufficient

Sometimes, your UM/UIM coverage might not cover all your losses. You still have options.

Filing a Lawsuit Against the At-Fault Driver

You have the option to sue a negligent driver, even if they are not insured. While collecting money from an uninsured driver may be challenging, it’s worth considering if they have assets. This could allow you to recover some of your losses, such as medical bills, wage loss, and pain and suffering. We will help you evaluate whether pursuing legal action is in your best interest.

Exploring Additional Insurance Coverage Options

Your insurance policy may have additional coverage that can help. Medical payment coverage or personal injury protection (PIP) could cover some of your medical expenses, regardless of fault. It could cover medical expenses, lost wages, or other costs not reimbursed by your UM/UIM insurance. We can review your insurance policy to see what other options are available.

Even if your UM/UIM coverage isn’t enough, there are ways to recover compensation. We’ll guide you through the process and help you understand your rights and options.

How a Lawyer Can Assist in UM/UIM Claims

How a lawyer can assist in UM/UIM claims
  • Review of your insurance policies: We’ll go through your auto policy to identify all possible coverage. Many policies include benefits that you may not even know about, such as uninsured or underinsured motorist coverage.
  • Managing communication with insurance companies: We handle all communication with the insurer, protecting you from making statements that could hurt your claim.
  • Gathering and organizing evidence: We will gather all the required proofs to prove your claim, medical reports, witness accounts, and expert testimonies. This helps build a strong case to back your injury claim.
  • Calculating the full value of your claim: We will determine the complete value of your claim (including not only your current medical expenses but also your future medical expenses and the future consequences of your injuries - loss in wages and medical care, among others).
  • Holding the insurance company accountable: Should the insurance company fail to negotiate fairly or act in bad faith, we will assert your rights under Idaho law.

Contact Our Idaho Car Accident Lawyer for a Free Case Review

Contact our Idaho car accident lawyer for a free case review

You don’t have to handle an uninsured motorist claim by yourself. BAM Personal Injury Lawyers provide free consultations; call us for a Free consultation on your case.

We’ll explain your rights and options under Idaho law and help you understand how to seek compensation from your insurance policy or the at-fault party. We will assist you with your injury claim resulting from an auto accident caused by someone else's negligence. Please take some time to review our previous case results and client testimonials as well.

Let us fight for you to cover all your medical bills, wage loss, and other expenses. We understand how Idaho’s laws impact your case, and we’ll work to secure the compensation you deserve. Call us today for expert legal assistance.

BAM Personal Injury Lawyers - St. George, UT Office BAM Personal Injury Lawyers - Murray, UT Office BAM Personal Injury Lawyers - Meridian, ID Office
KIGAN Martineau
PERSONAL INJURY LAWYER

Kigan Martineau, a seasoned Partner at BAM Injury Law, is a champion for those injured in vehicular mishaps, including car, eScooter, and bicycle accidents. His legal journey is marked by notable victories against major trucking companies like Matheson, UPS, and Swift Transportation, where his strategic litigation has resulted in significant client settlements. 

Notably, Kigan secured the highest settlement in Southern Utah, a record-setting figure that underscores his prowess in the courtroom. His deep-rooted commitment to his clients and his skill in personal injury law have helped recover over $100 million in resolutions, affirming his position as a leader in Southern Utah’s legal landscape.
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