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Car Accident and whether my Uninsured Motorist coverage covers medical expenses.

Sacramento, CA |

I was in an accident on 11-16-12, in which I was transported to the ER. The other party was deemed at fault and without car insurance. I was told by insurance that my UIM coverage would compensate me for my injuries and also any medical expenses I incurred. Now when I have finally finished treatment, they offer the minimum my policy covers and tells me I am responsible for my medical expenses. The agent assigned to my injury claim assured via phone conversations and email that medical expenses were covered; not once did he state that they would not. He even went as far in Feb12 to attempt a partial settlement in which he stated they could offer me money now and put some aside for my medical expenses. I want to know if UIM does in fact cover medical expenses. Please advise. Thanks

Attorney Answers 7


  1. While I don't have all the facts of your case to properly evaluate the Uninsured Motorist claim it seems to me that you need to immediately speak with an attorney about your claim. The purpose of UIM coverage is to step in the shoes of the uninsured motorist as if they had insurance.

    I would not continue speaking with the adjuster until you've had an attorney analyze the claim for you. My office provides free consultations and I am happy to speak with you and get more information. Toll Free 888.222.8286

    None of the information found in my answer should be used as legal advice, a substitute for an attorneys evaluation or other type of advice. I do not know all the facts of your case and there are many factors involved when evaluating accident cases. You should meet with an attorney who can properly go over all the details of your accident.


  2. If you are talking about Uninsured Motorist coverage then your insurer essentially stands in the shoes of the uninsured motorist.

    You are entitled to recover from your policy everything you could get from the person who hit you: reasonable and necessary medical expenses (past and future), loss of earnings (past and future) and general damages.

    You would be well served to consult with an attorney who has experience handling these types of claims.


  3. My colleagues are correct in that UIM coverage should allow you to recover for your damages related to this accident. However, obtaining a viable recovery under UIM can be a complicated task.

    I would encourage you to refrain from any further direct discussions with your carrier and use Avvo to contact a Personal Injury attorney in your area.

    The information presented here is general in nature and is not intended, to be construed as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.


  4. One of the most common quandries here on Avvo. Listen to the other contributors, and me, contact a local and qualified personal injury trial attorney before you further damage and/or jeopardize your rights.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com


  5. You should consult an attorney immediately to review your policy and coverages and make sure you get the maximum limits of your coverage. When you submit an uninsured motorist claim, you are entitled to medical expenses (past and future), pain and suffering (past and future), lost earnings (past and future) and potentially other damages. If you retain an attorney they can advocate on your behalf with your insurance carrier to get you what you deserve.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  6. Did your insurance company send you a copy of your policy? If so, read the section on uninsured motorist coverage. Generally you can collect all the damages which would be normally covered by a liability policy, which certainly includes medical expenses.

    I get the impression that you are not represented by an attorney. Without legal knowledge at your disposal, your carrier has you over a barrel.

    You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received. See


  7. Yes your UIM coverage can cover your medical expenses, as well as pain and suffering damages, if the other person did not have insurance. The purpose of UIM insurance is exactly for this type of insurance. It is quite typical to hear that your insurance company does want to take care of you. You should just stop talking to your insurance company and start talking to a qualified personal injury attorney immediately.

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