Hit by an underinsured driver
What underinsured motorist coverage is for, the steps that protect a claim after a crash, and when people bring in an attorney.
By Elijah Canfield, Founder, Hire Best Pros · Updated September 9, 2026
Elijah Canfield is the founder of Hire Best Pros. He writes and edits the site's consumer guides, with a focus on how home service and moving projects are priced, scoped and compared.
If the at fault driver's liability limit does not cover your damages, the gap is what underinsured motorist coverage on your own policy is designed to address. The practical steps are the same either way: get medical attention, report the crash, document everything, notify your own insurer promptly, and be careful with recorded statements and early settlement offers. This is general education, not legal advice, and Hire Best Pros is not a law firm.
Key points
- Uninsured and underinsured coverage sits on your own policy, not the other driver's.
- Notify your insurer early, since policies contain notice requirements.
- Accepting a settlement usually closes the claim for good.
Immediately after the crash
- Get medical attention, even if you feel fine, and follow up on symptoms
- Call the police and make sure a report is filed
- Photograph vehicles, positions, damage, the roadway and any visible injuries
- Collect the other driver's insurance information and the names of witnesses
- Write down what happened while it is fresh
Understanding the coverage gap
Liability limits are capped. When medical bills, lost income and vehicle damage exceed the at fault driver's limit, the remainder is unpaid unless another source covers it.
Underinsured motorist coverage is that source. Uninsured motorist coverage applies when the other driver has no insurance or cannot be identified. Availability, stacking rules and how the limits interact vary by state and by policy.
Notify your own insurer
Policies typically require prompt notice and cooperation, and some require consent before you settle with the at fault carrier. Settling first without checking can jeopardize your own underinsured claim.
Ask your carrier in writing which coverages apply, what the limits are, and what they need from you.
Be careful with statements and early offers
- You are generally not required to give a recorded statement to the other driver's insurer
- Early offers often arrive before the full medical picture is known
- A signed release usually ends the claim, including for symptoms that appear later
- Keep every bill, record, receipt and proof of missed work
When people bring in an attorney
Common triggers are serious or ongoing injuries, disputed fault, a denied or delayed claim, multiple vehicles, or a settlement offer that does not cover documented losses. Many personal injury attorneys offer a free initial consultation, and most work on contingency.
Statutes of limitation and policy deadlines both apply, and they are not the same clock.
Want to talk to an attorney about your situation?
Connect with a personal injury attorneyCommon questions
- What is the difference between uninsured and underinsured coverage?
- Uninsured motorist coverage applies when the at fault driver has no insurance or cannot be identified. Underinsured motorist coverage applies when they have insurance but not enough to cover your damages.
- Will my rates go up if I use my own coverage?
- That depends on your carrier, your state and the circumstances of the crash. Ask your agent how a not at fault underinsured claim is treated on your policy.
- How long do I have to act?
- Your policy sets notice requirements and your state sets a statute of limitations for legal claims. Both can be shorter than people expect, so check early rather than late.