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What are common issues in underinsured/uninsured motorist claims? 

On Behalf of | Apr 8, 2025 | Uninsured/Underinsured Auto Insurance Claims | 0 comments

As a responsible driver, you have likely invested in underinsured and uninsured motorist (UM/UIM) coverage to protect yourself on the road. However, if you ever need to file a claim, the process may not be as straightforward as you’d hope. 

To help avoid delays, it is crucial to understand some of the most common issues that can complicate these claims. These might include the following: 

Coverage limits 

Your UM/UIM coverage is capped at the amount specified in your policy. This means that even if your damages exceed your coverage limit, you can only recover up to that limit. 

For instance, with $50,000 in coverage but $100,000 in damages, you could be responsible for the $50,000 difference. 

This is why it’s vital to review your policy regularly and consider increasing your coverage limits. This way, you can better protect yourself in case of an accident. 

Dispute over fault 

In UM/UIM claims, you typically need to prove the other driver was at fault. Disagreements about fault can complicate and delay the claims process, as your insurance company will likely conduct its own investigation. 

To help avoid this problem, you can gather as much evidence as possible, such as: 

  • Photos and videos 
  • Witness statements 
  • Police reports 
  • Medical records 

Also, consider talking to a personal injury attorney who can help you build a strong case for fault. They can guide you through the process and help address any issues that may arise. 

Delayed reporting 

Prompt reporting of accidents and claims is usually a requirement by insurance policies. Delays in reporting can give insurers grounds to deny your claim. For example, they might argue that the delay hindered their ability to investigate. 

With that in mind, it is best to report the incident to your insurer as soon as possible, even if you are not sure you will make a claim. 

Statute of limitations 

Each state has a time limit for filing UM/UIM claims or lawsuits. In Texas, the time allowance is usually four years from the date of the accident. 

Missing this deadline can result in losing your right to compensation, regardless of your claim’s merits. This limit further underlines the importance of filing your claim promptly. 

UM/UIM claims can sometimes be complicated, but that does not mean yours has to be. By understanding the process and potential issues that my come with it, you can set yourself up for a more efficient experience. 

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