How Much Money Can You Get from an Underinsured Motorist Claim and How to Get It?

Last updated: March 6, 2025
Published on: March 7, 2024

When you’re dealing with the aftermath of a car accident with an underinsured driver, it’s natural to wonder, “How much can I get from an underinsured motorist claim?”. The answer might not be as straightforward – it will depend on factors like your policy limit, the extent of the damages, and state laws. Understanding these elements can help you understand your rights and set realistic expectations for potential compensation.

In this blog, we will dive deeper into the details of underinsured motorist claims, exploring the factors that influence compensation, the steps involved in the claims process, and tips for maximizing your recovery. By the end, you’ll have a clearer understanding of how much you can potentially get from an underinsured motorist claim and the importance of being proactive in protecting your rights after a car accident.

Factors Influencing Underinsured Motorist Claim Value

Various factors come into play when determining the potential compensation through your underinsured motorist (UIM) coverage. Understanding these factors and their interplay is essential for estimating the potential compensation you may receive.

The key factors you must consider include:

Medical Expenses: Your medical expenses directly related to the accident play a significant role in calculating compensation. This includes hospital bills, surgeries, medication costs, rehabilitation, and any future medical treatments required.
Property Damage: Property damage includes the repair or replacement costs for your vehicle and any other personal property damaged in the accident. This can also include expenses related to temporary transportation while your vehicle is being repaired.
Lost Wages: If the accident results in time away from work due to injuries, your lost wages become a compensable factor. This can include both current and future income losses if your injuries affect your ability to work long-term.
Pain And Suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, also contribute to the overall compensation. Estimating these damages is subjective and often involves negotiation between you and the insurance company.
Policy Limits: The policy limits of both the at-fault driver and your underinsured motorist coverage can cap the potential payout. Even if the damages exceed these limits, recovery is restricted to the policy maximum.

Criteria For Filing An Underinsured Motorist Claim

Filing a UIM claim involves meeting specific eligibility requirements and following state-specific regulations. The key eligibility criteria include:

Proving Fault: You must be able to demonstrate that the other driver is at fault for the accident. This requires evidence like police reports and witness statements.
Damages Exceeding The At-Fault Driver’s Policy: Your damages – including medical bills, property damages, and lost wages – must exceed the coverage limits of the at-fault driver’s insurance policy.
UIM Coverage Limits: Your own UIM coverage limits must exceed the at-fault driver’s policy limits.
Adhering To Deadlines: You must file the claim within the statute of limitations; otherwise, you could lose your right to compensation.

State-Specific Payout Insights for RI and MA

State-specific regulations and insurance mandates can also impact UIM claims, influencing eligibility, claim processes, and payout values. These include:

Mandatory Vs. Optional Coverage: Some states mandate UMI coverage as a part of their auto insurance policies, whereas other states, like Massachusetts, allow it as an optional add-on. In Rhode Island, UIM coverage is optional for drivers who purchase the minimum bodily injury liability coverage, but it becomes mandatory for those buying higher levels of bodily injury coverage. This can affect claim accessibility, as it dictates whether drivers are automatically protected or must opt in for additional coverage.
Fault Vs. No-Fault States: In fault-based states like Rhode Island, UIM coverage steps in when the at-fault driver’s policy limits are insufficient. Whereas in no-fault states like Massachusetts, personal injury protection is used first, reducing the role of UIM coverage in minor accidents and leaving room for UIM coverage in severe cases.
Statutes Of Limitations: Filing deadlines for UIM claims also vary from state to state – ranging from two to six years. The statute of limitations in Rhode Island and Massachusetts is typically three years for personal injury and uninsured or underinsured motorist claims.

Estimating How Much Your Claim May Be Worth

Several factors come into play when estimating the potential compensation through your UIM coverage. By understanding how these factors can affect your claim, you can better anticipate the settlement amount and the timeframe for claim processing.

Policy Limits And How They Affect How Much Compensation You Can Get

Policy limits, both yours and the at-fault driver’s, determine the maximum amount you can receive from your UIM coverage. Understanding these limits is crucial to estimating your claim value:

Your Policy Limits: If the at-fault driver has no insurance or has insufficient insurance coverage to cover your damages, your UIM coverage will fill the gap up to your policy limit. For example, if your policy has a $100,000 limit and the at-fault driver’s coverage pays $25,000, your UIM coverage could provide up to $75,000.
Combined Limits: Some policies offer combined single limits for bodily injury and property damage, while others have separate limits. Knowing the structure of your policy ensures accurate compensation estimation.

Policy Stacking: In some cases, you may have the option to stack UIM coverage if you have multiple vehicles or policies. This allows you to combine the coverage limits from each policy, potentially increasing your overall compensation. For example, if you have three vehicles, each with $50,000 in UIM coverage, stacking could provide up to $150,000 in total compensation.
Legal Thresholds: Some states have legal thresholds that impact your ability to recover certain damages. For example, in “no-fault” states, there may be limitations on when you can pursue a claim for pain and suffering.

Timeframe for Claim Processing

From filing to payout, the timeline for processing a UIM claim varies and can depend on several factors, including:

Filing And Documentation: The process begins with submitting the necessary documentation, including medical records, repair estimates, and proof of lost wages. Clear, complete submissions can expedite this process.
Insurance Investigation: The insurance company’s investigation into the accident, including fault determination and damages assessment, can take several weeks to months.
Negotiation And Settlement: Resolving disputes over non-economic damages like pain and suffering may extend the timeline. A straightforward case might settle in a few months, while complex cases could take over a year.
Delays and Challenges: Factors such as incomplete documentation, disagreements on fault, or legal action can slow down the process. Hiring an experienced attorney can help navigate these challenges and expedite resolution.

Claiming Your Underinsured Motorist Coverage: A Step-by-Step Guide

Filing a UIM claim can be a complex process. Here’s a step-by-step guide to help you navigate it effectively:

Report the Accident to Authorities: Immediately contact the local law enforcement authorities to report the accident. Obtain a copy of the police report, which serves as crucial documentation for your claim.
Seek Medical Attention: Prioritize your health and seek medical attention promptly. Keep detailed records of medical treatments, expenses, and any related documentation to support your claim.
Gather Information At The Scene: Exchange insurance information with the at-fault driver and collect their contact details. Document the accident scene – take photographs of vehicle damage and any visible injuries. Gather contact information of any witnesses for future reference.
Notify Your Insurance Company: Contact your insurance company as soon as possible to report the accident and inform them that the at-fault driver is underinsured. Provide them with the basic details, such as the date, time, location, and a brief description of the accident.
Request UIM Claim Forms: Ask your insurance company for the necessary UIM claim forms. Fill out these forms accurately and thoroughly, including all relevant details about the accident, your injuries, and the damage incurred.
Submit Supporting Documentation: Submit all supporting documentation, including the police report, medical records, bills, photos, and any other evidence that strengthens your claim. Be organized and thorough in presenting your case.
Cooperate With The Insurance Investigation: Your insurance company may investigate to assess the validity of your claim. Cooperate fully, providing any additional information they request promptly.
Negotiate With Your Insurance Company: Engage in negotiations with your insurer to agree on fair compensation. Provide clear documentation of your losses and be prepared to advocate for your rights.
Reach A Settlement Or Resolve Dispute: If a fair underinsured motorist settlement is reached, your insurance company will provide the agreed-upon compensation. If a resolution cannot be reached, discuss alternative dispute resolution methods like arbitration or consult with an attorney for further guidance.
Take Legal Action If Necessary: If negotiations fail, and you believe you are entitled to more compensation, consult with an attorney. They can advise you on taking legal action against the underinsured or uninsured driver or your own insurance company.

Remember, the specific procedures may vary based on your insurance company and state regulations. Maintain organized records of all documents, be mindful of your state’s statute of limitations, and stay proactive to maximize your chances of fair compensation.

Why You Need An Attorney For Your Underinsured Motorist Coverage Claim

Navigating the complexities of a UIM claim can be overwhelming, especially when stakes are high or disputes over liability arise. Hiring an attorney can make a significant difference in ensuring a favorable outcome.

When To Hire An Attorney

So, when should you hire an attorney? Here are the scenarios that call for legal expertise:

Complex Cases: If your claim involves severe injuries, multiple parties, or liability disputes, an attorney can offer the necessary expertise to ensure a fair resolution.
Disputes With The Insurance Company: If your insurer resists paying your claim or presents a lowball offer, an attorney can step in to protect your rights and negotiate on your behalf.
Severe Injuries Or Long-Term Impact: For injuries involving life-altering injuries or long-term consequences, an attorney can help evaluate the full extent of your damages and pursue appropriate compensation.

The Role Of Legal Representation

While some UIM claims may seem straightforward, unforeseen complications often arise. Experienced attorneys bring invaluable expertise and resources to the UIM claims process, helping you navigate legal and procedural complexities effectively.

A lawyer can help you with:

Case Evaluation: An attorney will evaluate the details of your case, assessing its strength and the potential compensation you may be entitled to.
Negotiation: Experienced attorneys can advocate for your rights when negotiating with insurance adjusters to secure a fair settlement offer.
Litigation: If negotiations fail, an attorney can guide you through the litigation process, filing a lawsuit against the at-fault driver or your own insurance company if necessary.
Navigating Complex Claims: Attorneys can conduct a thorough investigation, gathering evidence like witness statements, accident reconstructions, or expert opinions to build a strong case on your behalf.
Maximizing Compensation: An experienced attorney can identify all potential sources of recovery, advocating for compensation that covers the full scope of your damages and ensuring the insurance company does not shortchange you.
Protecting Your Rights: Attorneys are committed to safeguarding your interest, ensuring insurance companies cannot overwhelm you with legal hurdles and preventing you from being taken advantage of during the claims process.

How To Maximize Your Underinsured Motorist Claim?

A strategic and well-documented approach, coupled with the guidance of experienced legal representation, will help ensure you receive fair compensation for the damages you have endured.

To maximize your UIM claim, remember to:

Document Everything: Thoroughly document all aspects of the accident, including medical treatments, property damage, and related expenses. This comprehensive documentation strengthens your case and provides a clear picture of the impact of the accident on your life.
Seek Prompt Medical Attention: Seek medical attention immediately after the accident, even if injuries seem minor. Prompt medical care not only ensures your well-being but also establishes a direct link between the accident and your injuries, strengthening your claim.
Understand Policy Limits: Familiarize yourself with your UIM coverage limits. Knowing the maximum compensation available under your policy helps set realistic expectations and strategize for negotiations.
Consult With Experts: If your injuries have long-term consequences or require specialized treatment, consult with medical experts. Expert opinions can provide additional support for your claim and help assess the full extent of your damages.
Hire An Experienced Attorney: Consider hiring an experienced attorney in personal injury and UIM claims. They can help you navigate legal complexities, negotiate effectively, and ensure you receive the compensation you deserve.
Keep A Personal Injury Journal: Maintain a journal documenting your pain, suffering, and the impact of the accident on your daily life. This personal account can serve as valuable evidence during negotiations or litigation.

Conclusion

When filing a claim under your UIM coverage, understanding the process and factors influencing compensation can help you manage expectations and avoid surprises. Factors like the severity of your injuries, property damage, lost wages, and pain and suffering all play a role, along with the policy limits and state-specific regulations. Acting quickly is essential – reporting the accident, keeping detailed records, and seeking medical attention right away can strengthen your case.

If your claim gets complicated or you face pushback from the insurance company, having an experienced attorney on your side can be invaluable. They can guide you through legal hurdles, advocate for your rights, and work to ensure you get the compensation you deserve. By staying informed and proactive, you’ll be better positioned to secure a fair settlement and focus on moving forward.

If you or a loved one find yourself in the situation of dealing with an underinsured motorist claim in Rhode Island, don’t hesitate to reach out to Marasco & Nesselbush for assistance tailored to your specific situation and secure the compensation you deserve.

FAQs

Is UIM coverage expensive?

The cost of UIM coverage varies but is generally affordable. It’s a valuable addition to your policy, providing financial protection in case of accidents with drivers who lack sufficient insurance. The benefits of UIM coverage often outweigh the minimal increase in premium, offering peace of mind and ensuring you’re adequately covered on the road.

Can I claim the full value of my UIM coverage?

The amount you can claim under your UIM coverage is subject to your policy limits. You can typically claim up to the difference between the at-fault driver’s policy limit and your total damages, but it cannot exceed your UIM policy limit. Reviewing your policy terms will provide clarity on the maximum compensation available through your UIM coverage.

How do I protect myself from underinsured or uninsured drivers?

Protect yourself from uninsured or underinsured drivers by obtaining Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage as part of your auto insurance policy. These coverages act as financial safeguards, providing compensation if you’re involved in an accident with a driver who lacks insurance or has insufficient coverage. Additionally, practicing defensive driving, maintaining awareness on the road, and reviewing your insurance policy can help enhance your protection against potential risks.