When at-fault drivers lack insurance or have inadequate coverage, your own uninsured/underinsured motorist (UM/UIM) coverage becomes essential for compensation. Understanding how these coverages work helps motorcyclists protect themselves and recover damages when negligent drivers can't pay.
Understanding UM/UIM Coverage
Uninsured motorist (UM) coverage compensates you when at-fault drivers have no liability insurance at all. Hit-and-run accidents also typically qualify as uninsured motorist claims.
Underinsured motorist (UIM) coverage applies when at-fault drivers have insurance, but their limits are insufficient to cover your damages. UIM bridges the gap between their coverage and your losses.
These are first-party coverages on your own policy, not claims against the at-fault driver. You're seeking benefits from your own insurer.
Why UM/UIM Coverage Is Critical for Motorcyclists
Motorcycle accidents cause severe injuries that easily exceed typical liability limits. A driver with minimum coverage ($25,000-$50,000 in most states) can't compensate for catastrophic injuries.
Approximately 13% of drivers are uninsured nationally, with some states much higher. Hit-and-run drivers leave victims with no at-fault coverage to pursue.
UM/UIM coverage provides your own safety net when negligent drivers can't adequately compensate you.
Filing a UM/UIM Claim
Notify your insurer that you're making a UM or UIM claim. Policy language dictates specific procedures and deadlines.
For UM claims, you typically must demonstrate another vehicle caused your accident and that driver was uninsured or unidentified (hit-and-run).
For UIM claims, you usually must exhaust the at-fault driver's limits first or establish those limits are insufficient before accessing UIM coverage.
Proving Your UM/UIM Claim
Even though you're claiming against your own policy, you must prove the other driver was at fault. UM/UIM coverage doesn't pay for your own negligence.
Evidence of fault includes police reports, witness statements, accident reconstruction, and physical evidence - the same proof needed for third-party claims.
You must also prove your damages - medical expenses, lost wages, pain and suffering - just as in any injury claim.
UIM Coverage Coordination
States handle UIM coverage differently. "Excess" UIM coverage adds to the at-fault driver's limits. "Offset" UIM coverage reduces by amounts recovered from the at-fault driver.
Some states allow UIM claims immediately without first settling with the at-fault driver's insurer. Others require exhausting third-party coverage first.
Your policy language controls. Review your policy or consult an attorney to understand how your UIM coverage works.
Stacking UM/UIM Coverage
Some states allow stacking - combining UM/UIM limits from multiple vehicles on your policy or multiple policies in your household.
Stacking can significantly increase available coverage. A policy with $100,000 UM coverage on two vehicles might provide $200,000 total when stacking applies.
Check your policy and state law to determine if stacking applies to your situation.
Disputes with Your Own Insurer
Even your own insurance company may dispute your claim. They may challenge fault, question injury causation, or undervalue damages.
UM/UIM policies often require arbitration rather than lawsuits to resolve disputes. Arbitration procedures vary by policy and state.
If your insurer unreasonably denies or undervalues your claim, bad faith claims may provide additional recovery in some states.
Coordination with Other Claims
When at-fault drivers have some coverage, you typically pursue their insurance first. After exhausting those limits, UIM coverage supplements your recovery.
Settling with the at-fault driver requires your insurer's consent in most cases. Settling without consent may waive UIM rights.
Your insurer has subrogation rights against the at-fault driver. They can pursue recovery of what they pay you from the negligent party.
Hit-and-Run Accidents
Hit-and-run crashes where drivers flee qualify as UM claims. You don't need to identify the at-fault driver - just prove another vehicle caused your crash.
Some policies require physical contact with the unidentified vehicle. Others cover "phantom vehicle" accidents without contact if you have corroborating evidence.
Report hit-and-runs immediately to police and your insurer. Quick reporting supports claim validity.
Purchasing Adequate UM/UIM Coverage
Motorcyclists should carry high UM/UIM limits given injury severity and frequency of inadequately insured drivers.
UM/UIM coverage is relatively inexpensive compared to the protection it provides. Increasing limits from $50,000 to $250,000 may cost only modestly more in premium.
Review your coverage annually and increase limits as assets grow. Adequate coverage protects your financial security when negligent drivers can't pay.
Working with an Attorney
UM/UIM claims involve complexities that benefit from legal guidance. Coverage coordination, stacking, and dispute resolution require understanding policy and state law.
Attorneys help ensure you receive full policy benefits and protect your rights when insurers undervalue claims or act in bad faith.