What Drivers in Virginia Should Know About UM and UIM Claims

Posted by Amy FalconAug 01, 20240 Comments

As a fully insured driver, the choices of UM and UIM drivers don't affect you—unless you get involved in an accident with them. Filing an insurance claim for these incidents is not the same as it would be with other fully insured drivers. Here's what you need to know.

 

How UM and UIM Coverage Works for Insured Drivers

Car insurance policies in Virginia must provide UM and UIM coverage. The former covers property damage and any bodily injuries you or your passengers may sustain. The latter usually covers bodily injuries only.

If you get into an accident, your insurer will act on behalf of the uninsured driver. The goal is to promote a fair claims process for both of you and determine your payout eligibility after examining the incident from the other party's perspective.

 

Are UM and UIM Cases More Complicated?

These cases can become complicated depending on the circumstances. For example, if you're dealing with an underinsured motorist, their liability limits might mean you won't get money to fix or replace your car. The only way to receive compensation then is to file a civil suit.

Also, consider how complex it can be for your own insurance company to defend an uninsured or underinsured motorist during the claims process. You may feel like they're working against you.

 

How Can You Avoid Mistakes?

You must protect and advocate for yourself in UM and UIM cases. Here's some advice to follow so that you avoid a few common pitfalls:

  • Contact a personal injury lawyer as soon as possible. That way, you'll have someone fighting for you while your insurer tries to defend the other driver.
  • Consider refusing to provide any recorded statements. Recordings can keep track of information but can also be used against you.
  • Remember to file a claim with your insurance company within two years following the accident. If you miss that deadline, you'll be ineligible for compensation.

 

Have You Had a Crash With an Uninsured or Underinsured Driver?

When dealing with UM and UIM claims, don't settle for anything less than fairness. If you've been in an accident with one of these drivers, schedule a consultation with Ackerman & Falcon by calling (703) 288-1400 or filling out our online contact form.