Uninsured/
UNderinstured Motorist Cases
Involved in a Car Accident with an Uninsured or Underinsured Motorist? How the Schmittgens Injury Law Firm can help you:
Far too many drivers are driving around with limited or no insurance and you can protect yourself by carrying extra coverage which applies if one of these drivers hits you.
In both Missouri and Illinois, you are required to carry “uninsured motorist coverage” (UM) which applies if the careless driver has no valid auto insurance. You have the option of adding “underinsured motorist coverage” (UIM) which provides extra coverage if the at-fault driver’s coverage does not fully compensate you for your injuries. These coverages are cheap to carry but can pay off big time if you’re severely injured.
At Schmittgens Injury Law Firm, we have recovered millions of dollars on behalf of our clients from their own insurance companies following collisions involving uninsured or underinsured motorists. We will work these cases tirelessly to ensure that your insurance company comes good on their promises.
In some states, UM and UIM coverage are one in the same. This is not the case in Missouri and Illinois. In both of these states, UM is totally different from UIM coverage. The law requires that you carry UM coverage and you have it, whether or not you asked for it. Unlike UM, UIM coverage is not required. If you’re not sure you have it, call your insurance company right away and be sure to add it to your policy.
An uninsured motorist case occurs when the at-fault driver is either uninsured or unknown (hit & run)[hyperlinek to hit & run]. Under the law, your insurance company will “step into the shoes” of the negligent driver and is obligated to pay you for any damages for which you are legally allowed to recover. This type of claim should not affect your rates.
If you are pursuing a UM claim, you are legally allowed to collect up to the limit of your insurance coverage. These types of cases are not too dissimilar from a regular car accident case [hyper link to car accident] in that we will collect your records and bills and negotiate a resolution with the adjuster assigned to the case.
Unlike a regular car accident case, you can sue your insurance carrier directly if they do not make reasonable offers of settlement. Normally, you cannot sue the other driver’s insurance; you have to sue the driver. In a UM case, you can sue your insurance company directly and assert a claim of “vexatious refusal to settle.”
A UIM claim is different because for your underinsured motorist coverage to apply, you must first "exhaust" coverage from all available sources. This is just another example of why having a lawyer can be so helpful. Strictly speaking, you are required to obtain permission from your underinsured motorist carrier before you accept the settlement from the at-fault driver and at Schmittgens Injury Law Firm, we will obtain proof that there is no other insurance available from the at-fault driver.
Once permission is obtained, your UIM carrier is obligated to pay the difference between your total damages and the amount recovered from the at-fault driver, subject to your policy limits. For example, if the at-fault driver had $25,000.00 in available coverage but your total damages were $50,000.00 your UIM provider would be on the hook for the additional $25,000.00.
What’s the Difference Between Uninsured and Underinsured Motorist Coverage?
How much coverage should I have on my policy?
Like the cost of most things in our world, medical care is only increasing in price. It is not uncommon to see hospital bills exceed $10,000.00 and the cost of a visit to a specialist to exceed $2,000.00 a visit. That is why we recommend every person carry liability, uninsured motorist, and underinsured motorist coverages at least $100,000.00 per person/$300,000.00 per accident.
We also recommend every person carry medical payments coverage, which is a no-fault insurance, which provides a dollar for dollar reimbursement for any medical bills incurred following a motor vehicle collision. Medical payments coverages are offered in much lower limits but we recommend carrying at-least $5,000.00 in coverage.
How do I pursue a UM or UIM claim?
Like any claim it starts with informing the insurance company of the occurrence. At our firm we are happy to do this for you and would actually prefer you let us inform the insurance company of the incident. That way they do not trick you into agreeing to a settlement without a full understanding of what’s happening.
Just like any other case, you first want to ensure you get the medical care you need. After you are released from treatment, we will forward your medical records and bills to the insurance company and negotiate a settlement on your behalf.
If we are unable to resolve the claim, we will initiate litigation on your behalf and litigate your case to its conclusion. Because a UM or UIM claim is considered a “first party” claim, we can sue your insurance company directly and pursue statutory damages in the form of penalties and attorney’s fees.
What should I do after I am in an accident within an Uninsured or Underinsured Driver:
We may be able to find out that the other driver is uninsured at the scene of the crash, but we probably won’t know that they are underinsured until a later date. That is why we recommend treating your wreck just like any other car accident:
1. Get to Safety.
Car accidents often occur in traffic or on busy streets. The first and most important step is to get to safety. Turn on your warning lights and get out of the lane of travel, if at all possible. You will likely be in shock, disbelief, and pain, but it’s important to get yourself to safety.
2. Call the Police and Take Pictures
Call 911 as soon as it is safe to do so. Tell the dispatch operator about the crash and request an emergency response. The police will make a report about the crash and document the circumstances of the incident. While you wait for the police, take a picture of the other driver’s car, including their license plate. This can be helpful if the other driver decides to leave the scene. It is also important to get pictures of the damages to your vehicle and the parts of the defendant’s vehicle which struck you. Pictures which show the location of the crash and the scene of the incident are also extremely helpful.
Hopefully the police arrive on scene quickly - when they do, make sure to give them your driver’s license and insurance information. Tell them in short, plain language, what happened. If you are experiencing any pain, it is important to let them know what parts of your body are hurting you.
This is particularly important in an uninsured motorist and underinsured motorist claim because often, your policy will require you to report the accident to the police.
3. Gather Witness Names and Phone Numbers
Hopefully, the police will collect the names and phone numbers of anyone who claims to witness the scene. However, sometimes witnesses do not hang around for the police to arrive. Therefore, if someone claims to have witnessed the collision, get their name and their phone number so we may contact them after opening your file.
4. Get the Other Driver’s Information and More Photographs.
We will need important evidence of the damage done to both vehicles at a later date. Take pictures of the other driver’s vehicle at the scene of the accident. Once the other driver’s vehicle leaves the scene of the car accident it is hard to find it to get photographs of it. Now that we have cell phones in our hands all the time, it makes it easy to just take photographs of both sides of the vehicle as well as the front and back. The photos should show the whole sides and front and back of the vehicle and not just a close of the dents. In a car accident case, a picture is worth a thousand words.Next, get the other driver’s identification information and car insurance information by simply taking a picture or writing it down.
Later take photographs of your vehicle too as they are also important! Similarly, take photographs of the whole front and back and both sides of your vehicle. You or someone on your behalf may have to go to the tow lot or salvage yard or repair shop to take these vehicle photos, and it is important to get them within a few days of the accident before any repairs or changes have been made to your damaged vehicle.
5. Collect Statements by Other Driver(s) at the Scene.
If the other driver makes a statement to you or you hear them tell the officer or another passenger in their car how the accident happened and what caused them to hit you, take note of it and remember it as it is important to your claim and case. The other driver might say to one of their passengers, “I told you not to be texting while you were driving”. Obviously, this would be important to show their fault in the accident.
6. Go to the Hospital or Doctor to Document Your Injuries ASAP and Take Photographs of Them.
Get to a doctor as soon as possible. We absolutely understand that you may have affairs to get in order; kids to pick up, work schedule to arrange, and a vehicle to fix. But it is imperative you get your injuries documented as soon as possible.
When you get to a doctor, tell your doctor everything that is causing you pain; the parts of the body, the severity of the pain, and how it is impacting you. It is very important to describe every one of your injuries to the medical personnel because we do not know which injuries will last the longest. It is very difficult, if not impossible, to come back later, and tie an injury to an accident weeks, months, or even years later.
It’s also important to take pictures of any scrapes, cuts, bruises, or swelling which may be present. These pictures help tell a complete story about your injuries and can help us demonstrate the severity of your injuries.
7. Call the Attorneys at Schmittgens Injury Law Firm
If you feel the need to call us from the scene of the crash - please do. But if you do not call us from the scene, call us as soon as possible after. We’re always here to discuss your case and how to best represent you on your claim.
We can be reached at 314-222-4223 or through this website. You can also schedule time to meet - in person - at our office.
What not to do after your car accident:
Do Not Speak With the Insurance Company Without A Lawyer.
Even though it’s your insurance company, in an uninsured/underinsured motorist claim, the insurance company will quickly make the claim adversarial. They will use tactics to try and get you to settle the case quickly and for cheap. Don’t let them. They will ask you questions which are designed to be ambiguous and confusing, and then use your answers against you. By hiring Rob Schmittgens, he will prepare you for these types of statements, and prevent the insurance companies from using your words against you.
Insurance companies know there is an imbalance of power between them and you. By hiring the Schmittgens Injury Law Firm, you have a team of experienced legal professionals who will level the playing field.
Hire Schmittgens Injury Law Firm as soon as possible after a car accident, and we will protect and help you get reimbursed for your losses and fully compensated for your injuries. If you already gave a statement to the insurance company, we can still help you as we know what to do and how to handle every situation from our years of experience.
Trust the Insurance Company’s Promises
Insurance companies often lie to you about what they will do. They want you to feel like they are trying to help you. But in reality, the only thing they are trying to do is to get you to either accept a small settlement or deny your claim.
Sign Any Documents Sent to You By the Insurance Company Without a Lawyer
If an insurance company is asking you to sign something, it is likely a legally enforceable document. These documents often waive your right to seek further damages or limit the monetary damages which they may owe you.
What kind of damages can I recover in an uninsured or underinsured motorist claim?
You’re entitled to the same damages from which you recover from the at-fault driver if they were fully insured! You can present claims for any of the following:
Economic Damages: These are damages which have a specific dollar value. Things like hospital bills, physical therapy, medical imaging, and medical devices can be extremely expensive, and assuming they are reasonable and necessary to care for your injuries, the law allows you to seek recovery of those damages from the negligent party.
You are also able to seek compensation for lost income. If you miss time at work or are forced to use benefits like paid time off or sick days, you can seek reimbursement from the at-fault driver’s insurance company. Our firm will assist you in collecting evidence of these types of damages and including them in settlement negotiations.
These damages are not just the damages which are “in the past” you are also entitled to seek damages for medical treatment or income earning in the future. At our firm, we will gather information relating to future earnings or future medical care and include it in our settlement negotiations.
Non-Economic Damages: These damages generally do not have a specific dollar value, but you are still able to seek compensation for things like pain and suffering, loss of enjoyment of life, mental anguish, and stress. No one wants to live life in pain, and many of our clients spend months or even years in constant pain because of their car wreck, under the law, you can seek financial compensation for that pain.
You are also entitled to seek damages for the negative impact your injuries have on your life. If your injuries have prevented you from living the life you want to live, you are entitled to seek compensation. Some examples of “loss of enjoyment of life” may include the inability to participate fully in family activities, challenges to engaging in hobbies, or limitations in the activities of daily living.
Property Damage: Motor vehicle accidents often include damages to personal property, specifically your car or the contents therein. If your stuff is broken or destroyed as the result of the other driver’s negligence, you are entitled to seek compensation for those losses.
Car Accident Lawyers Near You
If you’ve been injured in a car accident, attorney Rob Schmittgens is here to help. With nearly a decade of personal injury experience, he knows how to handle car accident cases in St. Louis. His deep understanding of the local legal system and strong connections in the community give you an advantage in your case.
Rob will take the time to understand your situation and fight for your rights. When you work with Rob, you can trust that you’re getting an attorney who will advocate for you every step of the way. As a personal injury attorney with extensive courtroom experience, Rob knows how to get results. A native of St. Louis, he's deeply connected to the community and is committed to ensuring justice for his clients.
At Schmittgens Injury Law Firm, we handle car accident cases on a contingency basis—so you don’t pay unless we win your case and we will never make more money than you.