Last updated on October 31st, 2025 at 11:23 am
Dealing with any kind of auto accident is stressful. There’s the damage to your car to consider, as well as the potential health implications that may arise after an accident. This can be stressful, painful, time-consuming, and costly.
The claim process should be straightforward if you were in an accident with a motorist with adequate insurance. You and your attorney will seek compensation for your injuries and damages from the other party’s insurance policy. However, things can get more complicated if you are in an accident with an uninsured or underinsured motorist. Although the other driver may not carry enough insurance to compensate your damages, you may still be able to recover from your own Underinsured/Uninsured motorist coverage.
Let us explain what you can expect when filing an uninsured motorist claim and when hiring an attorney to sue for damages makes more sense.
What is Uninsured Motorist Coverage?
Many car insurance policies now offer a benefit known as uninsured or underinsured motorist coverage. This benefit is activated if you’re in an accident with a driver who either does not carry any insurance or whose insurance has policy limits that are not high enough to cover your losses. This is known as Underinsured or Uninsured Motorist coverage (often called “UIM” or “UM” for short). Maine, where Garmey Law is based, and many other states require all auto policies to carry a minimum amount of Underinsured Motorist Coverage. Thus, you likely have UIM coverage if you are a Maine driver.
UIM coverage is a way to protect you and your family if someone seriously injures you without adequate insurance. If underinsured coverage is higher than the other driver’s liability coverage, you can recover up to the total amount of your underinsured coverage limit. This coverage helps ensure you’re not left with significant out-of-pocket expenses, lost earnings, or other damages due to someone else’s lack of insurance. Once it comes into play, UM/UIM coverage can pay for any damages you might have recovered from the other party, such as medical expenses, lost wages, pain and suffering, lost earning capacity, and even property damage, depending on the terms of your policy and the laws in your state.
How Much Can I Get from an Uninsured Motorist Claim?
The amount you can receive from an uninsured motorist claim depends on the coverage limits of your underinsured motorist policy. In short, you will be protected from the gap between the top amount available under the defendant’s policy and the limit of your own insurance coverage. For example, if a driver injures you with $50,000 in insurance coverage (the current minimum required under Maine law), but you have protected yourself with $250,000 in UIM coverage, you will have $200,000 in available coverage for your UIM claim whether you can recover all that depends on the amount of your actual damages, i.e., the extent of your injuries.
How Do I Bring an Uninsured Motorist Claim?
In any claim or lawsuit, you can only reach your UIM insurance once you have recouped the driver’s insurance policy responsible for the collision. Your UIM coverage only comes into play once you have established that your damages are more significant than the amount available under that person’s insurance. Thus, your attorney will likely not even start negotiating your UIM claim until you have recovered all or substantially the other driver’s policy.
Only when you have resolved the claim against the other driver (and recovered all their insurance) can you seek compensation from your own UIM coverage. Even though the UIM insurance is “yours,” this will still be an adversarial proceeding. UIM claims are contract claims: you argue you are owed money under the contract. Your insurance company will say your damages do not warrant reaching the UIM coverage benefit. It is essential to have an attorney to help you in this process. The attorney will bring the UIM claim and negotiate it for you.
Like a third-party injury claim, a UIM claim may compensate you for medical expenses, lost wages, pain and suffering, and property damage up to the policy limits. And just like any other claim, the severity of your injuries and the impact on your daily life will significantly determine the total payout.
Why Should I Buy Good Underinsured Motorist Coverage?
Unfortunately, bad accidents can happen to good drivers. While you cannot control the actions of other motorists on the roadway, you can protect yourself and your family ahead of time by purchasing a policy with high liability and UIM coverage. All too often, we have clients with severe and long-term injuries who are not “made whole” because the other driver did not carry enough insurance and they did not protect themselves with good UIM coverage. An umbrella insurance policy is also a great idea; most umbrella policies will allow you to purchase even more UIM coverage than exists under your regular policy.
What to Expect When Suing for Underinsured Motorist Coverage
Filing a suit against an insurance company seeking UIM benefits coverage is complex and challenging. Even though this is a contract claim, you will still need to prove that you were not at fault for the accident (and the other driver was), and you will also have to prove the extent of your damages. As with other claims, you will need evidence to support your damages claims, usually including expert opinions and proof of your medical expenses.
When Do I Need a Lawyer?
We do not recommend handling an underinsured or uninsured motorist claim if you can get a lawyer to help you instead. These claims have several essential and tricky aspects, including the requirement that your own insurer be notified of any settlements with responsible drivers and consent to them ahead of time. A lawyer can help ensure you preserve your rights, bring your UIM claim, and then work to obtain the best recovery possible.
If you suffered severe injuries or significant property damage, a lawyer can help you navigate the legal process, negotiate with your insurance company, and potentially pursue a lawsuit if needed. Additionally, insurance companies sometimes attempt to minimize payouts, so having an attorney on your side ensures your rights are protected and you receive fair compensation. An experienced lawyer can also help gather evidence, calculate the full extent of your losses, and represent you in court if necessary.
Contact the Personal Injury Attorneys at Garmey Law
If you’re unsure about the strength of your case or how to proceed, consulting a lawyer like the personal injury experts at Garmey Law is a smart first step. Our lawyers are dedicated to fighting for your rights after an accident and will help you navigate the legal process. You should never have to pay for someone else’s carelessness on the road. Contact us today for a free consultation to learn about your rights after a car accident.