How Does an Uninsured/Underinsured Motorist (UIM) Claim Work?

You’ve just been in a car accident, and you’ve discovered the at-fault driver either has no insurance at all or only carries the bare minimum coverage, which won’t be nearly enough to cover your serious injuries. Thankfully, you were a responsible driver and purchased Uninsured/Underinsured Motorist (UIM) coverage on your own policy.

Now what? How do you actually use this coverage? This is where the process can feel strange and confusing. A UIM claim is unique because you are not seeking compensation from the at-fault party’s insurer; you are making a claim against your own insurance company.

This creates a difficult dynamic. The same insurance company that you have faithfully paid premiums to for years now essentially steps into the shoes of the at-fault driver. They will defend the claim, question your injuries, and try to minimize their payout. Understanding the steps in this adversarial process is key to getting the benefits you are rightfully owed.

Useful Information for You: In a Nutshell

• It’s a Claim Against Your Own Insurer: A UIM claim is a formal claim you file with your own insurance company to cover damages caused by an uninsured or underinsured driver.
• You Still Have to Prove Everything: You have the burden of proof. You must prove to your own insurer that (1) the other driver was at fault, (2) they were uninsured or underinsured, and (3) the full extent of your damages.
• Your Insurer Becomes Your Adversary: In a UIM claim, your insurance company takes on an adversarial role. Their goal is to pay out as little as possible, just like the other driver’s insurer would.
• The Process for Underinsured Claims is Two-Step: For underinsured claims, you must first recover the full policy limit from the at-fault driver’s insurance before you can receive compensation from your own UIM policy.
• Arbitration is Common: Most UIM policies in Washington contain a clause that requires disputes to be settled through binding arbitration rather than a court trial.

The Step-by-Step UIM Claim Process

Step 1: Immediate Notification

As soon as you discover that the at-fault driver is uninsured or underinsured, you must formally notify your own insurance company, in writing, of your intent to file a UIM claim. This is a critical first step that preserves your rights under your policy.

Step 2: Proving the Other Driver’s Status

Your insurance company will first need official proof of the other driver’s insurance status.

• For an Uninsured Motorist (UM) Claim: This is often established by the official police report, which will note the lack of insurance, or by a formal denial of coverage from the company the driver claimed to have.
• For an Underinsured Motorist (UIM) Claim: This is proven by providing your insurer with a copy of the settlement check and release from the at-fault driver’s insurance, showing you have exhausted their policy limits.

Step 3: Proving Fault and Damages

This is where the process feels most like a standard claim. You must build a complete case and present it to your own insurance company. This involves providing:

• Evidence of Fault: The police report, witness statements, and photos from the scene.
• Evidence of Damages: All of your medical records and bills, proof of your lost wages, and documentation of your pain and suffering.

Your UIM adjuster will review this evidence just as a third-party adjuster would. They will investigate the claim, evaluate your injuries, and eventually make a settlement offer.

The Adversarial Relationship: Why You Need an Advocate

It can be shocking for policyholders to be treated with skepticism by their own insurance company, but it is standard practice in UIM claims. The adjuster’s job is to protect their company’s financial interests. They may dispute the severity of your injuries, question your medical treatment, or argue that you were partially at fault for the accident to reduce their payout.

Because of this inherent conflict of interest, navigating a UIM claim on your own is extremely difficult. Having an experienced attorney on your side is crucial. Your lawyer will handle all communications with your insurer, build the evidence package, and aggressively negotiate to ensure you are treated fairly and receive the full value of the UIM benefits you’ve been paying for.

If you’ve been hit by an uninsured or underinsured driver in the Tacoma area, you don’t have to fight your own insurance company alone. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who specialize in these complex UIM claims.

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 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 the rights of policyholders.

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

• Washington Administrative Code (WAC 284-30) – Trade Practices:

  The official state regulations that require all insurers, including your own, to handle claims in good faith.

  https://apps.leg.wa.gov/wac/default.aspx?cite=284-30