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  • Writer's pictureAdam Funk

The What, When, and Why of a Uninsured/Under Insured (UIM/UM) Lawsuit

Sure, here is a blog post on what a UIM lawsuit entails:


What is a UIM lawsuit?

A UIM lawsuit is a type of civil lawsuit that is filed against an insurance company to recover damages for injuries that were caused by an underinsured motorist. Underinsured motorists are drivers who have liability insurance, but the limits of their insurance are not enough to cover the full cost of the victim's injuries.


When can you file a UIM lawsuit?

In order to file a UIM lawsuit, you must first have exhausted your remedies against the underinsured motorist. This means that you must have first filed a claim with the underinsured motorist's insurance company and received a settlement offer that is less than the full cost of your injuries.


What are the benefits of filing a UIM lawsuit?

There are several benefits to filing a UIM lawsuit. First, you may be able to recover more money than you would be able to if you only filed a claim with the underinsured motorist's insurance company. This is because your own insurance company will have a duty to defend you in the UIM lawsuit, and they will also have a duty to pay your legal fees.

Second, filing a UIM lawsuit can help you to get the compensation that you deserve more quickly. This is because the insurance company for the underinsured motorist may be more likely to settle a UIM lawsuit than they would be to settle a claim against their own insured.


What are the challenges of filing a UIM lawsuit?

There are also some challenges to filing a UIM lawsuit. First, the insurance company for the underinsured motorist may try to deny your claim or offer you a low settlement. This is why it is important to have an experienced attorney who can help you to negotiate a fair settlement or file a lawsuit if necessary.

Second, UIM lawsuits can be complex and time-consuming. This is because you will need to gather evidence of your injuries, prove that the underinsured motorist was negligent, and show that the limits of their insurance were not enough to cover your damages.


How much can I expect to recover in a UIM lawsuit?

The amount of money that you can recover in a UIM lawsuit will depend on the severity of your injuries, the limits of the underinsured motorist's insurance, and the evidence that you can gather. In some cases, you may be able to recover all of your damages, including medical expenses, lost wages, pain and suffering, and emotional distress.


If you have been injured in an accident by an underinsured motorist, you should contact an experienced attorney to discuss your legal options. An attorney can help you to determine whether you have a UIM claim, and they can also help you to negotiate a fair settlement or file a lawsuit if necessary.


I hope this blog post has been helpful. If you have any questions, please feel free to leave a comment below.

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