7 Tips for Dealing With Uninsured or Underinsured Motorists
Dealing with uninsured or underinsured motorists can be a complex and frustrating experience. This article provides essential tips to help protect yourself and your interests in such situations. Drawing on insights from legal and insurance experts, these practical strategies can make a significant difference in the outcome of your case.
- Purchase Uninsured Motorist Coverage Before Accidents
- Consult a Lawyer to Protect Your Rights
- Act Fast and Document Everything
- Carry Your Own Comprehensive Insurance Coverage
- Gather Information at the Accident Scene
- Record Evidence and Write Detailed Account
- Request Early Parts Assessment from Repair Shop
Purchase Uninsured Motorist Coverage Before Accidents
The best thing you can do is to buy uninsured/underinsured motorist coverage before you need it. Unless you happen to have a DeLorean, flux capacitor, and some plutonium on hand, you cannot go back in time to purchase it once it’s needed.
One of the worst parts of my job is turning away people with horrific injuries who need extensive medical treatment, have lost their ability to earn income, and possibly need lifetime care that I cannot help because the at-fault driver had no insurance and no assets to pursue.
Even if you are not catastrophically injured and even if the other party has insurance, it does not take a serious injury to quickly exceed the minimum limits of a policy once you factor in the rising cost of healthcare and the amount of work you have to miss just to attend regular chiropractor or physical therapy visits.
If you do not have UM coverage or only have minimum policy limits (which is only $15,000 in Louisiana), you are gambling with your health, your finances, and your future.
Loyd Bourgeois
Personal Injury Attorney and Founder, Loyd J Bourgeois Injury & Accident Lawyer
Consult a Lawyer to Protect Your Rights
If you’re involved in a car accident with an uninsured or underinsured motorist, you should consider retaining a personal injury lawyer to help you navigate the process and ensure your rights are protected.
Many people don’t realize that when they are involved in an accident with a driver who is either uninsured or underinsured, they may be able to obtain compensation by making a claim through their own insurance company. However, the rules and deadlines associated with such claims are strict. Waiting too long or failing to give proper notice could give your insurer a reason to deny your claim.
Also, don’t sign anything from an insurance company—yours or theirs—without having it reviewed by an experienced car accident injury attorney first. In cases involving uninsured or underinsured motorists, insurers sometimes present quick settlement offers or “release” forms that can cut off your right to claim additional compensation later. This is especially risky if you haven’t finished medical treatment or don’t yet know the full extent of your injuries.
Once you sign, you typically can’t go back, even if your condition worsens or new expenses arise. A lawyer can help ensure any agreement truly covers your losses and protects your future.
Loren Schwartz
Attorney, Rouda Feder Tietjen & McGuinn
Act Fast and Document Everything
Don’t assume you’re out of options just because the other driver didn’t have enough—or any—insurance. Many people panic when they hear ‘uninsured’ or ‘underinsured,’ but if you’ve got UM/UIM coverage on your own policy (and in California, many people do without even realizing it), you might still be able to get compensation. The key is acting fast, documenting everything, and getting legal advice before talking to your insurance company. It’s not just about making a claim—it’s about protecting yourself from being lowballed or denied altogether.
Barry Goldberg
Personal Injury Lawyer, Goldberg Injury Lawyer
Carry Your Own Comprehensive Insurance Coverage
Pursue legal action against the offending party, but do not get your hopes up that they will ever have to pay for the damage they caused. Unfortunately, uninsured motorists often have no assets and no ability to have their wages garnished. As a result, they may never be truly held responsible.
That’s why it’s so important that you carry uninsured motorist coverage for both bodily injury and property damage. Alternatively to uninsured motorist property damage coverage, you can carry collision insurance.
Having your own insurance coverage is the best way to recover from the financial impact of an uninsured driver causing an accident, since it’s unlikely you’ll get any reimbursement from the at-fault driver.
Michelle Robbins
Licensed Insurance Agent, USInsuranceAgents.com
Gather Information at the Accident Scene
If you’re dealing with a car accident involving an uninsured or underinsured motorist, the most important piece of advice I can give is to remain calm and gather as much information as possible at the scene. Even if the other driver doesn’t have proper insurance, take photos of the damage, the license plate, and get a police report—those details are critical for your own insurance claim. I always tell people, especially those who travel or camp often, to check their own auto policy for uninsured motorist coverage before hitting the road. It’s easy to assume you’re covered, but many people overlook this, and it can make all the difference in how smoothly things go after an accident.
Eamonn Turley
Insurance Expert, Multi Quote Time
Record Evidence and Write Detailed Account
Do not take the help of the police report or the confession of the other party. It is the time when you are supposed to record yourself. Photograph everything the cars, the street signs, the damages, the injuries, the weather and the things around. When you lose one thing you lose everything in a court. I have witnessed cases crumble due to the lack of a mere picture that will depict that there was no skid mark or angle of the impact. To the extent you do not have those visuals, it is your word versus theirs and that usually does not turn out well when the other party does not have coverage.
Then, in writing out your version of the occurrence when it is fresh, you should put in your own words in your own way and as far as it will go. Mentions specific time, place, traffic, lights and speed. And also bring it into a fact. Line by line analysis of inconsistency can be done by insurance carriers and law firms. Even a minor mistake 60 km/h when it was supposed to be 50 may destroy your case and world thousands of dollars. Emotion does not win these wars, facts and record does.
Ron Harper
Licensed Paralegal/Owner, OTD Ticket Defenders Legal Services
Request Early Parts Assessment from Repair Shop
Ask your repair shop to assess the damage and flag any hard-to-find parts early, so you’re not stuck waiting once the claim or the bill lands on you.
Uninsured and underinsured motorist claims often take longer than people expect. There’s uncertainty around who’s paying, how much will be covered, or whether it’s going through your own policy. The longer it takes to sort out coverage, the greater the risk that parts become harder to find. We’ve seen delays lead to longer wait times or higher part costs by the time the customer is ready to move forward.
When we can start looking at parts early, even if the repair isn’t scheduled yet, we can flag anything that’s limited or at risk of delay. That gives the customer more options, more time to plan, and less downtime when things finally move forward.
You can’t control the other driver’s coverage, but you can take a small step to stay ahead of the next hurdle.
Karah Epel
General Manager, Scottsdale Collision Center