If you were seriously injured in a crash and the other driver had no insurance — or not enough insurance — you may still have a claim.
Most people don’t realize that their own auto policy may provide coverage in these situations. These are called Uninsured Motorist (UM) and Underinsured Motorist (UIM) claims.
At Morris Downing Sherred, we represent injured drivers and passengers throughout New Jersey who are forced to pursue compensation through their own insurance carrier after a serious crash.
Once you file a UM or UIM claim, your insurance company is no longer acting as a helpful claims processor. It becomes an adversarial claim. The insurer evaluates your case the same way a defense lawyer would.
What Is an Uninsured Motorist (UM) Claim?
A UM claim applies when:
- The at-fault driver had no insurance
- The driver fled the scene (hit-and-run)
- The insurer denies coverage
- The driver cannot be identified
Instead of suing the at-fault driver directly, you make a claim under your own UM coverage.
Many policies in New Jersey include UM protection. However, insurers frequently:
- Dispute the seriousness of injuries
- Challenge medical treatment
- Argue pre-existing conditions
- Offer settlements far below the value of the claim
What Is an Underinsured Motorist (UIM) Claim?
A UIM claim applies when:
- The at-fault driver had insurance
- But their coverage limits are too low to cover your damages
For example:
If you suffer $250,000 in damages and the at-fault driver only carries $50,000 in liability coverage, you may pursue the remaining amount through your UIM coverage.
These claims are technical. Strict notice requirements apply. Settlement decisions must be handled carefully to preserve your rights.
Why UM/UIM Claims Are More Complicated Than Regular Injury Claims
In a typical car accident case, you pursue the at-fault driver’s insurance.
In a UM/UIM case, you are making a claim against your own insurer.
Insurance companies may:
- Demand recorded statements
- Request broad medical authorizations
- Conduct surveillance
- Hire defense medical experts
- Force arbitration
You need representation that understands how insurers evaluate and defend these claims.
Common Situations We See
We regularly handle UM/UIM claims involving:
- Hit-and-run crashes
- Drunk drivers with minimal coverage
- Commercial vehicle drivers with policy disputes
- Multi-vehicle collisions with layered insurance
- Catastrophic injuries exceeding minimum coverage
These cases often involve serious injuries such as:
- Traumatic brain injuries
- Spinal injuries
- Fractures requiring surgery
- Permanent disability
- Wrongful death
What Is Your UM/UIM Claim Worth?
Every case is different. Value depends on:
- Severity and permanence of injury
- Lost income and earning capacity
- Future medical care needs
- Pain and suffering
- Insurance policy limits
Policy limits matter. Many New Jersey drivers carry minimum coverage, but higher UM/UIM limits may significantly increase potential recovery.
We carefully analyze both the underlying liability case and the available insurance layers to determine the best strategy.
Do Not Accept a Settlement Without Legal Review
In UIM claims especially, accepting a settlement from the at-fault driver’s insurer without properly notifying your own carrier can jeopardize your additional recovery.
We often speak with clients who were offered quick settlements only to later discover the offer was far below the full value of their injuries.
Before signing anything, speak with a lawyer.
How Morris Downing Sherred Approaches UM/UIM Claims
UM/UIM cases require both litigation experience and insurance policy analysis.
Our approach includes:
- Full review of your auto policy
- Early evaluation of coverage limits
- Coordinating liability and UIM strategy
- Preserving notice and consent rights
- Preparing every case as if it will go to arbitration or trial
Insurance companies take claims more seriously when experienced trial counsel is involved early.
Frequently Asked Questions
Do I have to sue my own insurance company?
In some cases, yes. UM/UIM claims are contractual claims under your policy. If the insurer disputes value, the matter may proceed to arbitration or litigation.
Will filing a UM claim raise my insurance rates?
Every policy is different. Generally, UM claims involve situations where you were not at fault. We can discuss how your specific policy may apply.
What if it was a hit-and-run accident?
Hit-and-run crashes often fall under UM coverage. Immediate reporting and documentation are critical.
What if my damages exceed my UM/UIM limits?
Recovery is typically capped by policy limits unless other responsible parties are involved. Identifying additional defendants can be critical.
Speak With a New Jersey Uninsured Motorist Lawyer
If you were injured by an uninsured driver, a hit-and-run motorist, or a driver with minimal coverage, you may still have significant rights.
Before giving recorded statements or accepting settlement offers, contact Morris Downing Sherred.
We can evaluate your policy, your injuries, and your options — and help protect the recovery you are entitled to pursue.
Call today or contact us online to schedule a consultation.
