You did everything right — you have insurance, you were following the rules of the road, and someone else caused the crash. Then you find out the at-fault driver either has no insurance at all, or has so little that it doesn't come close to covering what you're dealing with. It's one of the more frustrating situations a crash victim can face, and it's a lot more common than most people expect. It's also exactly what uninsured and underinsured motorist coverage exists to handle.
The difference between the two
Uninsured motorist (UM) coverage applies when the at-fault driver has no liability insurance at all — including hit-and-run drivers who are never identified. Underinsured motorist (UIM) coverage applies when the at-fault driver does have insurance, but their policy limits are too low to cover the full extent of your medical bills, lost income, and other losses. Both types of coverage sit on your own auto policy, and both exist for the same basic reason: to fill the gap when the person who caused the crash can't fully pay for it themselves.
Why this catches people off guard
A lot of drivers don't realize they even have this coverage until they need it — it's often bundled into a policy without much explanation at the time of purchase. Others assume that if the at-fault driver has no insurance, they're simply out of luck. Neither assumption serves you well. If you carry UM/UIM coverage, the fact that the other driver is uninsured or underinsured doesn't mean your claim is dead — it means the claim shifts to your own insurer instead.
Why your own insurer can still fight the claim
Filing a UM/UIM claim means you're now negotiating with your own insurance company — and that doesn't automatically make the process easier. Insurers still dispute the value of these claims the same way they dispute claims against other drivers: questioning the extent of your injuries, arguing about what treatment was "necessary," and offering less than the claim is actually worth. I've written before about how insurance companies lowball even straightforward claims, and that same dynamic applies here — the fact that you're a paying customer doesn't mean the company treats your claim any differently than one against a stranger.
What to do if the at-fault driver may be uninsured
- Check your own policy for UM/UIM coverage before you assume you have none — a lot of drivers are surprised to find they're covered.
- Report the crash and get a police report, even for a hit-and-run where the other driver was never found — that documentation matters for a UM claim.
- Get medical treatment and keep records, exactly as you would for any other crash claim.
- Notify your own insurer promptly, since UM/UIM claims often have their own separate notice requirements and timelines.
Don't assume no insurance means no claim
I've represented people who initially thought they had no recourse because the other driver was uninsured, only to find out their own policy covered exactly this situation. That gap between what people assume and what their coverage actually provides is where a lot of real money gets left on the table.
I fight UM/UIM claims the same way I fight any other claim
Your own insurance company doesn't get an easier ride just because you're their customer. I bring the same thorough approach to UM/UIM claims that's helped recover more than $23 million for Nebraska clients, backed by countless five-star client reviews and peer endorsements, from a firm voted Best of Omaha for personal injury law in 2025 and 2026.
Call me at (402) 378-9208 or reach out here for a free consultation if you were hurt by an uninsured or underinsured driver. There's no fee unless I win your case.
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