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 West Virginia drivers carry only the minimum required coverage, and some have no insurance at all. When you are injured by an uninsured or underinsured driver, the financial burden can shift to you quickly, even though 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. Unfortunately, these claims often turn into a dispute with your own insurance company. Having an attorney involved helps ensure the 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 move forward. The legal process can feel overwhelming, but you do not have to carry it alone. 

What Is an Uninsured or Underinsured Motorist Claim?

An uninsured motorist claim, often called a UM claim, is made through your own auto 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 fully cover your damages.

These claims can include compensation for medical expenses, lost income, pain and suffering, and long-term impairment, just like a standard personal injury case. However, they also involve policy language, notice requirements, and insurer procedures that can become complicated quickly.

In West Virginia, insurance policies and UM/UIM claims are governed by state law and policy terms. The West Virginia Offices of the Insurance Commissioner provides consumer-focused information about auto insurance coverage and claim handling that can be helpful when trying to understand UM and UIM issues.

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 and recovery, not insurer tactics.
  • A Clear Understanding of Coverage Rules: UM and UIM claims often involve strict deadlines, notice requirements, and technical policy language. An attorney helps ensure those requirements are met so coverage is not lost.
  • A Full-Value Claim Based on Real Impact: Serious injuries often require long-term care and create lasting limitations. Legal guidance helps document medical needs, wage loss, and future consequences so the claim reflects full recovery, not a quick payout.
  • Trial-Ready Leverage When Necessary: Some UM/UIM claims resolve through negotiation. Others require litigation. Trial-ready preparation strengthens your position and ensures the insurer takes the claim seriously.
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Does My Situation Require an Uninsured or Underinsured Motorist Claim?

You may need to pursue 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 especially common in serious crashes involving hospitalization, surgery, or long-term disability.

You should also seek guidance if your insurer is delaying the claim, disputing the severity of your injuries, or pressuring you to settle before your recovery is fully understood. Many people are surprised to learn that UM and UIM claims can involve the same resistance as claims against an at-fault driver. A lawyer can help protect your rights and ensure the claim is evaluated fairly.

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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 determine whether UM or UIM applies, explain the process clearly, and help you avoid early missteps that could limit recovery.

Step Two: Evidence and Damages Documentation

We gather crash reports, medical records, witness statements, wage documentation, and proof of ongoing limitations. UM and UIM claims require the same strong documentation as any serious injury case.

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. The claim is submitted according to policy requirements and supported with evidence.

Step Four: Negotiation or Litigation

If the insurer offers fair compensation, the claim may resolve without court involvement. If the claim is undervalued or delayed, litigation may be necessary. We prepare each case with trial readiness so your options remain protected. Even if a lawsuit is filed, most cases still settle before trial.

Why These Claims Can Feel So Frustrating

Uninsured and underinsured motorist claims can feel personal because you are relying on coverage you pay for. Yet insurers may still question the seriousness of injuries, dispute medical treatment, or argue that damages are overstated. Recorded statements, medical reviews, and early settlement pressure are common.

These claims also involve detailed policy requirements. UM and UIM coverage is a contractual right, and how that contract is handled can affect what is available. Consumer-facing resources such as West Virginia Legal Aid offer general information on legal rights and insurance-related issues, which many people find helpful when the process 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… It significantly reduced my stress levels and allowed me to focus on my recovery.”

— 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 decisions are made with clarity, not pressure.

Trial-Ready, Thorough Preparation

Insurance claims demand strong documentation and thoughtful strategy. We build UM and UIM claims carefully, pursue full value with evidence, and prepare cases for trial when necessary.

Proven Results and Representation

Our attorneys are respected for bringing well-prepared, meritorious claims. That credibility matters when insurers attempt to delay, minimize, or undervalue legitimate injuries. 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 typically lists UM and UIM coverage. If you are unsure, an attorney can review your policy and explain what applies.

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

That is when underinsured motorist coverage may apply. Once the at-fault policy limits are exhausted, your UIM coverage may help cover remaining losses.

How long does a UM or UIM claim take?

Timing depends on injury severity, documentation, and insurer cooperation. Serious injury claims often take longer to evaluate and pursue properly.

Can my own insurance company deny my claim?

Yes. Insurers may dispute injuries, treatment, or damages. Strong documentation and legal guidance help protect your rights.

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

Often, yes, but the process must be handled carefully. Settling without proper notice or approval can affect UIM rights. Legal guidance helps ensure compliance.

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Get Clarity on Your Coverage in Wheeling, WV

If you were injured by an uninsured or underinsured driver and 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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