Given the amount of time that has passed, I question whether there is really anything you can do at this point. It is entirely possible that the adverse driver had insurance, but the insurer denied coverage because an exclusion applied. Plus, if your insurer paid any money out it likely contacted the adverse driver's insurer and either confirmed that the declination of coverage was correct, or protested the declination and obtained reimbursement for whatever monies it paid out to you.
This response is general legal and business analysis and not legal advice; thus, other attorneys may analyze this issue differently, particularly if there are undisclosed facts. I am licensed to practice in CA, but I am not your attorney and this response does not create an attorney-client relationship between us. Please review Item 9 of avvo.com’s terms and conditions, which is incorporated by reference as it if was reprinted here in full.
It is difficult to impossible to address the facts of what happened here without going through the circumstances from start to finish.
But, in my experience, no insurance company will ever even think about considering the possibility of initially setting up the file on an uninsured claim without doing a scorched earth search for other coverage.
Another way to put this is that it is standard internal insurance policy and procedure to make a determination if there is any other potential coverage from any source prior to opening an uninsured claim.
Again, none of us on this side of the computer screen can answer in the specific context in which you've presented the issue. If you had an experienced aggressive attorney representing you this would have been one of the first matters addressed.
In my experience, recoveries in first party UIM claims are much higher than third party claims against the liable party's insurer. Hopefully, you had an attorney to navigate you through the claim and take advantage of your rights under your policy of insurance. The statute of limitations in an action against your insurer under your policy (contract) is 6 years pursuant to RCW 4.16.040. If the case has been settled and a release signed, you have most likely given up your right to additional compensation. However, a competent attorney could look at the facts/documents in minutes and give you an opinion.
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