When to Use Your UIM/UM (Uninsured/Underinsured Motorist) Coverage

You diligently pay your insurance premiums every month, making sure you have good coverage to protect yourself. A key part of that protection is your Uninsured/Underinsured Motorist (UIM/UM) coverage. You know you have it, but you might not be clear on the specific circumstances that trigger it. When, exactly, do you turn to your own insurance company and make a UIM claim?

Your UIM coverage is a powerful safety net, but it only comes into play in a few specific—and often very frustrating—scenarios. It is designed to step in and act as the at-fault driver’s insurance when they have none, or not enough, to cover the harm they’ve caused.

Understanding the three primary situations that activate your UIM coverage is essential for any responsible Washington driver.

Useful Information for You: In a Nutshell

• You Use it When the At-Fault Driver CAN’T Pay: UIM is for situations where the negligent driver is either unknown, has no insurance, or has policy limits too low to cover your damages.
• Scenario #1: The Hit-and-Run: If the at-fault driver flees the scene and cannot be identified, you will file an Uninsured Motorist (UM) claim.
• Scenario #2: The Confirmed Uninsured Driver: If the at-fault driver is identified but has no liability insurance, you will file a UM claim.
• Scenario #3: The Underinsured Driver: If the at-fault driver has insurance, but your damages exceed their policy limits, you will first collect their full policy limit and then file an Underinsured Motorist (UIM) claim with your own insurer for the difference.

Scenario 1: The Hit-and-Run Accident

This is a classic Uninsured Motorist (UM) claim.

• The Situation: A driver illegally changes lanes on SR 167, sideswipes your car causing you to spin out, and then speeds away. You are injured, but you have no idea who the other driver was.
• How to Use Your UM Coverage: You must first report the incident to the police immediately to create an official record of the hit-and-run. You then open a claim with your own insurance company. Because the at-fault driver is unknown and therefore uninsured, your UM policy will step in to cover your medical bills, lost wages, and pain and suffering, up to your policy limits. In Washington, these are often called “phantom vehicle” claims and may require some corroborating evidence (like a witness or physical evidence) to be valid.

Scenario 2: The At-Fault Driver Has No Insurance

This is another straightforward Uninsured Motorist (UM) claim.

• The Situation: You are rear-ended at a stoplight in Tacoma. The other driver is identified and receives a ticket, but the police report confirms they do not have the mandatory liability insurance required by Washington law.
• How to Use Your UM Coverage: You will open a claim with your own insurer. Once they have verified the other driver’s uninsured status, your UM coverage will activate to pay for your bodily injury damages, just as if it were the at-fault driver’s policy.

Scenario 3: The At-Fault Driver Doesn’t Have Enough Insurance

This is the most common and often most complex Underinsured Motorist (UIM) claim.

• The Situation: Another driver runs a red light and T-bones your car, causing a serious back injury that requires surgery. Your total damages (medical bills, lost wages, pain and suffering) are valued at $150,000. The at-fault driver was responsible, but they only carry the Washington State minimum liability coverage of $25,000.
• How to Use Your UIM Coverage: This is a two-step process.
  
  1. Exhaust Their Policy: First, you (through your attorney) will make a claim against the at-fault driver’s insurance and secure a settlement for their full policy limit of $25,000.
  2. Open a UIM Claim for the Difference: After you have collected the $25,000, you are still left with $125,000 in unpaid damages. You can now open a UIM claim with your own insurance company to recover this remaining amount, up to the limits of your own UIM policy.

These three scenarios highlight why carrying a substantial amount of UIM coverage is so critical for your financial protection.

Navigating a UIM claim can be a complex and adversarial process, even with your own insurer. If you’ve been injured in an accident in the Tacoma area and need to use your UIM benefits, search the Car Accident Lawyer Directory Tacoma. Compare profiles and find a trusted local attorney who specializes in these claims and can fight to ensure your own insurance company gives you the full protection you’ve paid for.

References

• Washington State Office of the Insurance Commissioner (OIC) – Uninsured/underinsured motorist (UIM) coverage:The official consumer guide from the OIC, explaining what UIM coverage is and the scenarios (like a hit-and-run) where it applies.

  https://www.insurance.wa.gov/what-uninsuredunderinsured-motorist-uim-coverage-and-do-i-need-it

• Revised Code of Washington (RCW 48.22.030) – Underinsured, hit-and-run, phantom vehicle coverage:The official state law that governs UIM coverage in Washington State and defines the specific situations, including hit-and-run and phantom vehicles, where it can be used.

  https://app.leg.wa.gov/RCW/default.aspx?cite=48.22.030