Uninsured Motorist and Underinsured Motorist Claims Need a Strategy

Most people assume the other driver’s insurance will take care of everything after a crash. But many Ohio drivers carry only the minimum coverage, and some have no insurance at all. If you are hurt by an uninsured or underinsured driver, the financial burden can shift to you quickly, even when the accident was not your fault.

That is exactly why uninsured and underinsured motorist coverage exists. It is meant to protect you, your family, and your future when the at-fault driver cannot fully pay for the harm they caused. The problem is that these claims often turn into a fight with your own insurer. Having an attorney helps ensure your claim is handled fairly and valued based on real recovery, not insurance company convenience.

The Stuckey Firm works with you, not just for you. We take time to explain your options clearly, help you avoid costly mistakes, and pursue compensation that reflects what you truly need to recover.

What Is an Uninsured or Underinsured Motorist Claim?

An uninsured motorist claim, often called a UM claim, is a personal injury claim made through your own insurance policy when the at-fault driver has no coverage. An underinsured motorist claim, often called a UIM claim, applies when the at-fault driver has insurance, but not enough to cover the full extent of your damages. These claims can include compensation for medical costs, lost wages, pain and suffering, and long-term impairment, just like a standard injury claim. However, they also involve policy language, notice requirements, and insurer procedures that can become complicated quickly.

The Ohio Department of Insurance provides public information about insurance coverage and consumer rights that can be helpful when trying to understand UM and UIM coverage issues.

Ohio statutes also govern how insurance policies and claims may be interpreted. For direct access to Ohio law, the Ohio Revised Code provides the legal framework used in many civil and insurance-related matters.

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The Benefits of Working With a Personal Injury Attorney for UM/UIM Claims

  • Protection From Your Own Insurer. Even though this is your policy, the insurance company may still look for reasons to minimize what it pays. Legal representation helps keep the claim focused on evidence, not insurer tactics.
  • A Clear Understanding of Coverage Rules. UM and UIM claims often involve deadlines, notice requirements, and policy language that can be confusing. An attorney helps you avoid mistakes that could limit what you can recover.
  • A Full-Value Claim Based on Real Impact. Many injuries require long-term care and create lasting limitations. Legal guidance helps document medical needs, wage loss, and future consequences so your claim reflects full recovery, not a quick payout.
  • Trial-Ready Leverage if Needed. Some UM/UIM claims resolve through negotiation. Others require litigation. Trial-ready preparation strengthens your position and helps ensure the insurer takes your claim seriously.
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Does My Situation Require an Uninsured or Underinsured Motorist Claim?

You may need to file a UM or UIM claim if the at-fault driver has no insurance, carries only minimum coverage, or leaves you with unpaid losses after their policy limits are exhausted. These situations are common in serious crashes where medical costs are high, injuries are long-term, or multiple people are hurt in the same accident.

You should also seek guidance if your insurer is delaying, disputing the value of your injuries, or pressuring you to settle before your recovery is clearer. Many people are surprised to learn that UM/UIM claims can involve the same tactics used by at-fault insurers, even though you are making a claim through your own policy. An attorney can help you protect your rights and understand what steps support the strongest outcome.

The UM/UIM Claim Process What to Expect

Step One: Policy Review and Immediate Guidance

We begin by reviewing the crash details and your insurance coverage. We identify whether UM or UIM applies, explain the process clearly, and help you avoid early mistakes, including communications that could be used to undervalue the claim.

Step Two: Evidence and Damages Documentation

We gather crash reports, witness statements, medical records, proof of wage loss, and documentation of ongoing limitations. UM and UIM claims require the same strong documentation as any serious injury case, especially when long-term recovery is involved.

Step Three: Claim Submission and Demand

Once the injury picture is clearer, we build a demand that reflects medical costs, lost income, pain and suffering, and future care needs. We submit the claim according to policy procedures and pursue negotiation from a position supported by evidence.

Step Four: Negotiation or Litigation

If the insurer offers fair compensation, the claim may resolve without court involvement. If the insurer delays or undervalues the claim, litigation may be necessary. We prepare each case with trial readiness so your options are protected.

Why These Claims Can Feel So Frustrating

Uninsured and underinsured motorist claims can feel personal because you are relying on a policy you pay for. Yet insurers may still challenge the severity of injuries, question medical treatment, or argue that your damages are not as significant as you claim. They may request recorded statements, conduct extensive medical reviews, or push you toward a settlement before you have clarity on long-term needs.

These claims also often involve technical policy requirements. That is why it helps to understand that UM/UIM coverage is a contract, and contract terms can affect what is available. Consumer resources like Ohio Legal Help provide plain-language information on legal rights and common injury-related issues that can help you make sense of the process, especially when the situation feels overwhelming.

“I was referred to The Stuckey Firm after I was injured in a car accident. To make matters worse, my own insurance claimed the at-fault vehicle’s owner didn’t have active coverage. There were many legal aspects I didn’t understand and wouldn’t have been able to navigate myself between the auto and health insurance companies. It also significantly reduced my stress levels and allowed me to focus on my actual recovery, knowing that someone was handling the complicated legal and financial matters related to the accident and ensuring the associated medical expenses were paid from the settlement.”

—L.W.

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Why Choose The Stuckey Firm?

What Makes Us Different

The Stuckey Firm is built on collaboration, trust, and attorney-driven service. We work with you, not just for you, and make sure you understand your options so you stay in control of decisions rather than feeling pushed into them.

Trial-Ready, Thorough Preparation

Insurance claims require strong documentation and a thoughtful strategy. We build UM and UIM claims carefully, pursue full value with evidence, and prepare cases for trial when needed, so insurers recognize the claim will be handled seriously.

Proven Results and Representation

Our attorneys are respected statewide and known for bringing well-prepared, meritorious claims. That credibility matters in negotiations and helps protect clients from being lowballed, ignored, or pressured into unfair settlements. You deserve a legal team that protects your coverage and treats your claim with seriousness and respect.

Uninsured / Underinsured Motorists Frequently Asked Questions

How do I know if I have UM or UIM coverage?

Your policy declarations page will usually list UM and UIM coverage. If you are unsure, a lawyer can review your policy and explain what applies based on your crash and the at-fault driver’s insurance status.

What if the at-fault driver has some insurance, but it is not enough?

That is where underinsured motorist coverage may apply. Once the at-fault policy limits are exhausted, your UIM coverage may help bridge the gap, depending on policy terms and case facts.

How long does a UM or UIM claim take?

Timing depends on injury severity, documentation, and insurer cooperation. Some claims resolve in months, while serious injury claims may take longer to fully evaluate and pursue at full value.

Can my own insurance company deny my claim?

Yes, an insurer may dispute injuries, challenge treatment, or argue for a lower payout. That is why strong documentation and legal guidance can be important even though the coverage is part of your own policy.

Do I have to settle with the at-fault driver before filing a UIM claim?

Often, yes, but the process must be handled carefully because settling without proper notice can affect your ability to access UIM benefits. Legal guidance helps ensure settlements and approvals are handled correctly.

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Get Clarity on Your Coverage

If you were injured by an uninsured or underinsured driver and you are unsure what options you have, we are here to help. Contact The Stuckey Firm to schedule a confidential consultation and get clear answers, steady support, and a strategy built around your recovery.

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If you’re unsure what to do next, we’re here to listen and help you understand your options

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