Protecting Meridian Families When the Other Driver Can’t Pay
When the driver who caused your accident has no insurance or not enough coverage to pay for your injuries, you may still have options through your own auto insurance policy. Uninsured motorist (UM) and underinsured motorist (UIM) claims allow you to recover compensation from your own insurer when the at-fault driver cannot cover your losses. At Johnson & Lundgreen, our Meridian personal injury attorneys have decades of experience handling UM/UIM claims against insurance companies throughout the Treasure Valley. We fight to make sure you receive the full benefits you’ve been paying for.
Why Choose Johnson & Lundgreen for Your UM/UIM Claim?
UM/UIM claims pit you against your own insurance company. Unlike a standard injury claim, where you negotiate with the other driver’s insurer, these cases require you to make a claim against the company you’ve been paying premiums to for years. That company’s goal is to pay as little as possible, even if you are a policyholder. There seems to be no loyalty to even long time customers (think back to how the company reacted if you were ever late with a premium payment). Fortunately Idaho has some favorable laws that help attorneys hold insurance companies responsible when they do not fully keep the promises for which they have already been paid.
Johnson & Lundgreen has successfully won jury trials against most of the major auto insurance companies and because of this history we can typically obtain the most favorable offer for our other clients without the delays and costs of going all the way to trial. We have represented injury victims across Idaho since 1998, and our attorneys have taken cases all the way to the Idaho Supreme Court to protect our clients’ rights. When you call our firm, you speak directly with an experienced attorney, not a paralegal or intake specialist. Here’s what sets us apart:
- Over 25 years of experience handling personal injury and insurance claims in Idaho
- Founded on the principle of holding insurance companies accountable for their promises
- Thousands of closed injury cases with a reputation built on client referrals
- Willingness to take cases to trial when insurers refuse to offer fair compensation
- No upfront fees. You pay nothing unless we recover money for you
We are seasoned trial attorneys and fierce negotiators. Our legal team also includes a certified trial lawyer and past president of the Idaho Trial Lawyers Association.
What Is the Difference Between Uninsured and Underinsured Motorist Coverage?
Understanding the distinction between UM and UIM coverage is important because each applies in different situations.
Uninsured motorist (UM) coverage applies when the at-fault driver carries no liability insurance at all. Your UM coverage steps in to pay for medical expenses, lost wages, and pain and suffering that the uninsured driver cannot cover. UM also typically covers hit-and-run accidents where the responsible driver is never identified.
Underinsured motorist (UIM) coverage applies when the at-fault driver has some insurance, but their policy limits are too low to cover your full damages. For example, if the other driver carries Idaho’s minimum $25,000 in bodily injury coverage and your medical bills alone exceed $80,000, UIM coverage can help bridge the gap between what their insurance pays and your actual losses.
Under Idaho law, insurance companies must offer both UM and UIM coverage with every auto policy. However, a named insured can reject either or both coverages in writing. If you did not sign a written rejection, your policy should include UM/UIM coverage that matches your bodily injury liability limits.
What Does Idaho Law Require for UM/UIM Coverage?
Idaho is a fault state, meaning the driver who caused the accident is financially responsible for resulting damages. The state requires all drivers to carry minimum liability coverage of $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage. However, these minimum coverage amounts are often far too low to cover serious injuries.
Idaho Code §41-2502 requires insurers to include UM and UIM coverage in every auto policy unless the named insured rejects it in writing or through an authorized electronic record. The coverage limits for UM/UIM generally match the bodily injury liability limits you selected for your policy, though this may vary by carrier. Before issuing a new policy or renewing an existing one, insurers must also provide a standard disclosure form explaining both types of coverage.
What Are Common Pitfalls in UM/UIM Claims?
Filing a UM/UIM claim is not as straightforward as submitting a standard injury claim. Several issues can reduce or eliminate your recovery:
- Failing to verify your own coverage. Many drivers assume they have UM/UIM coverage without checking their policy. If you signed a written rejection at some point, you may not have this protection.
- Not exhausting the at-fault driver’s coverage first. In Idaho, you must typically settle or exhaust the at-fault driver’s liability limits before your UIM coverage applies.
- Missing policy deadlines. Your insurance contract may impose shorter deadlines than the state’s two-year statute of limitations. Some policies require written notice of a claim within a specific timeframe, sometimes as little as a few months.
- Giving a recorded statement without legal guidance. Your own insurer may ask for a recorded statement and use your words to minimize the value of your claim.
- Accepting a lowball offer. Insurance adjusters are trained to settle claims quickly and cheaply. The first offer rarely reflects the true value of your injuries.
- Permission to accept the at fault drivers policy limits. Your UIM policy often requires review and approval of the settlement with the at fault driver and or his insurer.
Seeking legal advice early in your case can help you avoid missteps that could hurt your personal injury claim.
Why Do Insurance Companies Delay or Lowball UM/UIM Claims?
When you file a UM/UIM claim, you are making a demand against your own insurer. Despite the premiums you’ve paid, the insurance company has a financial incentive to minimize your payout. Common tactics include:
- Disputing the severity of your injuries or arguing that certain treatment was unnecessary
- Claiming your injuries were pre-existing and not caused by the accident
- Delaying the investigation or offers to pressure you into accepting a lower settlement
- Requesting excessive documentation or repeatedly asking for information they already have
- Arguing comparative fault, suggesting you share responsibility for the accident to reduce their obligation
Idaho follows a modified comparative fault rule. You can still recover compensation as long as your share of fault is less than 50 percent, but your award is reduced by your percentage of responsibility. Insurance companies often try to inflate your fault percentage to lower their payout. Having an experienced attorney on your side can counteract these strategies and hold your insurer accountable.
What Documentation Strengthens a UM/UIM Claim?
Strong documentation is the foundation of a successful UM/UIM claim. The more evidence you gather early, the harder it is for your insurer to dispute the value of your case. Key documents include:
- The police report, which confirms the accident details and may note whether the other driver was uninsured
- Medical records and bills documenting all treatment related to the accident. Time gaps in medical treatment hurt your ability to prove the injury is or aggravated by the accident.
- Proof of lost wages, including pay stubs, tax returns, or employer statements
- Photographs of vehicle damage, the accident scene, and visible injuries
- Witness statements from anyone who saw the collision
- Your complete auto insurance policy, including any UM/UIM declarations pages and endorsements
- Correspondence with the at-fault driver’s insurer showing their coverage limits or denial
If you’ve been involved in a car accident in Meridian or a collision caused by a drunk driver, gathering this evidence quickly can make a significant difference in the outcome of your claim.
What Compensation Can You Recover Through a UM/UIM Claim?
A UM/UIM claim allows you to pursue the same types of damages you would seek in a standard personal injury case. Recoverable compensation may include:
- Current and future medical expenses, including surgery, rehabilitation, and prescription costs
- Lost income from missed work during recovery
- Reduced earning capacity if your injuries prevent you from returning to your previous job
- Pain and suffering, including physical discomfort and emotional distress
- Loss of enjoyment of life when injuries prevent you from participating in activities you once enjoyed
In cases where the accident caused a fatality, surviving family members may also pursue a wrongful death claim to recover funeral expenses, lost financial support, and loss of companionship.
How Long Do You Have to File a UM/UIM Claim in Idaho?
Idaho gives injury victims two years from the date of the accident to file a personal injury lawsuit under Idaho Code §5-219. However, your insurance policy may impose shorter deadlines for filing a UM/UIM claim. Many policies require prompt written notice of an accident and may include a “suit against us” provision that limits how long you have to take legal action against your own insurer. A recent Idaho case suggests that you have five years from the breach of contract.
Missing any of these deadlines can permanently bar your claim. Contact an attorney as soon as possible after the accident to ensure every deadline is met and your rights are preserved.
Talk to a Meridian UM/UIM Attorney Today
If you were injured by an uninsured or underinsured driver in Meridian, you deserve an attorney who will fight your own insurance company as aggressively as they would fight the other side. Contact Johnson & Lundgreen for a free consultation. We will review your policy, explain your options, and get to work recovering the compensation you’re owed. As always, we offer free consultations and we ask no fee from our clients unless and until we actually recover funds.
Frequently Asked Questions
Do I have to pay for UM/UIM coverage in Idaho?
Idaho insurers are required to offer UM and UIM coverage with every auto policy and there is a charge as part of your insurance premium. The coverage is automatically included unless you reject it in writing. If you never signed a written rejection, your policy should include UM/UIM protection. Check your declarations page or contact your insurance agent to confirm your coverage and limits.
Can I file a UM/UIM claim if the other driver was partially insured?
Yes. If the at-fault driver has some insurance but their limits are not enough to cover your full damages, you can file an underinsured motorist claim under your own policy. You will typically need to exhaust the other driver’s liability coverage first before your UIM benefits apply.
What if my insurance company denies my UM/UIM claim?
A denial does not mean your claim is over. Insurance companies deny claims for many reasons, including disputes over liability, injury severity, or coverage applicability. An attorney can review the denial, identify whether the insurer acted in bad faith or breach of the contract, and take further legal action to pursue the benefits you are owed under your policy.