How Can a Car Accident Lawyer Help Me File a UM/UIM Claim?

June 28, 2024

Even in the best circumstances, a car accident is a stressful and overwhelming experience. When drivers lack policy coverage for damages, accident survivors often wonder, "How can a car accident lawyer help me with a UM/UIM claim?"

At High Stakes Injury Law, we empower injured parties with the information needed to confidently pursue underinsured and uninsured motorists' claims with the help of our car accident attorneys.

Learn how much time, hassle, and financial burden can be lifted when you trust award-winning Las Vegas car accident lawyers from our team.

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What Is UM/UIM Coverage?
Why Do I Need a Car Accident Lawyer for a UM/UIM Claim?
How Does a UM/UIM Claim Work?
What Makes a UM/UIM Claim Difficult?
Are Non-Economic Damages Covered Under a UM/UIM Claim?
Does a UM/UIM Claim Cover Punitive Damages?
Will UM/UIM Insurance Cover the Total Cost of Damages?
Underinsured and Uninsured Motorist Claim FAQ
How Can a Car Accident Lawyer Help Me File a UM/UIM Claim? Contact High Stakes Injury Law to Find Out

What Is UM/UIM Coverage?

While not legally required in Nevada, this vital policy addition provides insurance coverage for damages caused by underinsured and uninsured motorists.

Considering that the most modest statistics estimate that 20 percent of drivers are on the road sans insurance, this coverage can be a lifesaver when accident injuries keep you from the compensation you deserve.

While policy coverage amounts vary, UM/UIM insurance helps by:

Covering medical bills
Providing lost wages
Paying for damages to your vehicle

These three coverage areas comprise most insurance claims against an underinsured or uninsured motorist. Unfortunately, your insurance provider will rarely make seeking compensation through a UM/UIM claim as simple as filing a claim.

An experienced car accident lawyer may need to ensure that you receive the full extent of compensation owed to you.

Why Do I Need a Car Accident Lawyer for a UM/UIM Claim?

Dealing with insurance companies can be notoriously tricky, especially regarding claims involving underinsured or uninsured motorists.

These companies will often try to minimize the amount they have to pay, leaving you with less compensation than you deserve.

A car accident lawyer can help by:

Negotiating with insurance companies on your behalf
Gathering evidence to support your claim
Ensuring that all necessary paperwork is filed correctly and submitted

With a personal injury attorney, you can feel confident that you are not being taken advantage of by the insurance company.

Their knowledge of local and state laws regarding car insurance and their experience with similar cases can significantly benefit your chances of receiving maximum compensation.

How Does a UM/UIM Claim Work?

The process for filing a UM/UIM claim will vary depending on your specific situation.

However, you can expect these basic steps:

Gather evidence. This includes medical records, police reports, witness statements, and any other documentation related to the accident.
File a claim with your insurance company. Your lawyer can help you with this process and ensure all necessary information is included.
Negotiate with the insurance company. After reviewing your evidence and claim, the insurance company may try to settle for less than what you deserve. Your lawyer can negotiate on your behalf for a fair settlement.
File a lawsuit. If negotiations fail, your lawyer may advise you to file a lawsuit against the at-fault driver to seek maximum compensation for your injuries and damages.
Attend court hearings. Your lawyer will represent you and present evidence supporting your claim. They may also cross-examine witnesses on your behalf.
Receive compensation. If your claim is successful, you will receive the compensation owed to you for medical bills, lost wages, and damages to your vehicle.

Studies show that accident victims who hire a car accident lawyer receive more compensation than those who do not. Considering the high cost of any car accident, you need proper legal representation when filing a UM/UIM claim.

What Makes a UM/UIM Claim Difficult?

Insurance companies make a UM/UIM claim complicated without the assistance of a car accident lawyer.

Common challenges include:

Disputes over who was at fault for the accident
Difficulty determining the value of your injuries and damages
Delays or denial of claims by insurance companies

A car accident lawyer will be familiar with these issues and know how to navigate them to achieve the best possible outcome for your case.

Are Non-Economic Damages Covered Under a UM/UIM Claim?

Non-economic damages like pain and suffering may be included if you have the policy coverage in Nevada.

This means that accident survivors can seek compensation from their insurance company for:

Emotional distress
Loss of enjoyment of life
Physical pain and suffering

To accurately calculate the value of these damages, a car accident lawyer can assess your case and determine the appropriate amount to seek in your claim.

Does a UM/UIM Claim Cover Punitive Damages?

Only certain policies cover punitive damages, and only in states that allow them. Unfortunately, Nevada does not provide these damages in UM/UIM claims.

However, a car accident lawyer can still help you receive the maximum compensation possible through other avenues, such as filing a lawsuit against the at-fault driver.

These lawsuits seek damages not covered by an auto insurance policy, including punitive damages. They can significantly increase the total amount of compensation you receive.

Will UM/UIM Insurance Cover the Total Cost of Damages?

While pursuing a UM/UIM claim can help cover the costs of damages, it may not always be enough to cover the total cost.

For example, Nevada drivers must only purchase minimum coverage of $25,000 for bodily injury per person and $50,000 for bodily injury per accident.

Though this amount may seem substantial, consider the average cost of a car accident in the state:

Emergency medical transport: The average ambulance ride in Las Vegas can exceed $1,500.
Paramedic care: On-the-scene EMS services can cost anywhere from $1,000 to $5,000+.
Emergency room treatment: Accident survivors typically pay a minimum of $2,826 per visit to the ER. With some injuries taking longer to manifest than others, this could mean several trips and tens of thousands in ER bills.
In-patient hospitalization: The average in-patient hospital stay in the USA is $2,883 per night. With the average stay after a car accident being 4 to 10 days, this amount can easily exceed $12,000 to $30,000+.
Medical treatment: Surgery for broken bones, one of the most common car accident injuries, ranges from $10,000 to $25,000 per break or fracture. When catastrophic injuries such as spinal cord damage or a TBI are involved, upfront treatment costs easily exceed $100,000 and $2+ million over a lifetime.
Outpatient treatment: Depending on the injury, outpatient treatment can range from physical therapy to chiropractic care, averaging $150+ in hourly fees. When injuries require months or years of treatment, this number can quickly add up to tens or hundreds of thousands.
Medical devices: Wheelchairs, crutches, and other medical devices can cost anywhere from $100 to over $25,000.
Medication: Managing pain isn't cheap, and many prescriptions can cost hundreds or thousands in a single month.
Lost wages and earning potential: Even minor car accidents can keep you from earning a living weeks, months, or even years after your accident. This directly impacts your finances and can affect future earning potential.
Property damage: Repairing or replacing your vehicle can cost tens of thousands. This cost can increase significantly when temporary vehicles and other transportation expenses are factored in.
Home modifications: Catastrophic injuries may require changes to your home, such as wheelchair ramps, handrails, and other accessibility features. These new additions range from $1,000 to $10,000, depending on the type of modification.
Home care: The median cost for home health care in the USA is $18,439 per month. Even if only needed for a few months, this can add up to nearly $100,000 before other medical expenses are factored in.

These costs highlight the importance of finding an experienced car accident lawyer to help you receive the maximum compensation possible through your UM/UIM claim.

To recover the financial assistance you need to live after a car accident, get your free consultation with High Stakes Injury Law.

Underinsured and Uninsured Motorist Claim FAQ

How long do I have to file a UM/UIM claim?

The statute of limitations for filing a UM/UIM claim varies by state, but in Nevada, you may have two to six years to file. However, the longer you wait, the less likely your claim will be successful, as evidence may become more challenging to gather, and memories may fade.

What if I don't have UM/UIM coverage?

If you do not have UM/UIM coverage on your insurance policy, you may still seek compensation through a personal injury lawsuit against the at-fault driver. Our car accident attorneys have a track record of success litigating these cases. They can determine the best course of action for your situation.

How much does hiring a car accident lawyer for a UM/UIM claim cost?

At High Stakes Injury Law, we offer free consultations and work on a contingency fee basis. This means we do not charge any upfront fees and only collect payment if we secure compensation for your case.

What if my insurance company denies my UM/UIM claim?

If your insurance company denies your UM/UIM claim, our experienced lawyers can help you appeal the decision and fight for your rightful compensation..

Can I handle the insurance claims process on my own?

The odds are against you if you try to handle the insurance claims process on your own. Having an experienced car accident lawyer on your side can significantly increase the chances of receiving fair and just compensation for your damages.