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How to Deal with an Underinsured or Uninsured Accident

Robert Stahle • August 5, 2016
Underinsured Accident or Uninsured Accident - Fitch & Stahle Law Firm

Being involved in a car accident that is not your fault is stressful enough. When you add to this unfortunate incident the fact that the driver who caused the accident is either uninsured or underinsured, it gets even more complicated. If you are a responsible, insured motorist, you may not be aware that you are probably protected from these situations by your own insurance policy. Your own policy of insurance likely has what is known as "Uninsured Motorist Coverage" ( UM ) and "Underinsured Motorist Coverage" ( UIM ). So, if you are injured by an uninsured driver, you can call upon your own policy to cover your damages under the UM coverage. Or, if the other driver does not have sufficient coverage to pay for your damages, you can look to your own UIM coverage to make up the difference between your total damages and the amount of insurance the negligent or at-fault driver has.


Always remember, the first and most important thing to do if you are in an accident is to call the police. The police will investigate how the accident happened and record their findings in an accident report. Also, the police should be able to determine whether the parties involved in the accident had insurance coverage and should also compile contact information for who that insurance company is. Often the police will prepare a Driver Information Exchange Report that will contain all of this important information.

Uninsured Motorist Coverage - (UM)

Uninsured motorist coverage is designed to pay for damages (medical bills, lost income, pain and suffering, disability) that are a result of bodily injuries and damages caused by a driver who does not carry automobile liability insurance. While you can opt to sue the driver for compensation, chances are they do not have the funds to cover the damage. The best course of action in this case is to utilize your own policy’s uninsured motorist coverage.

Underinsured Motorist Coverage

Underinsured coverage protects you if your damages from the accident are not completely covered by the negligent driver’s insurance policy. This provision in your insurance policy will cover the difference between the expenses/damages from the accident and what the at-fault driver’s policy will cover.

It is also important to remember that UM and UIM coverage can protect you if you are struck as pedestrian by an underinsured or uninsured motorist or if you are in someone else's vehicle when the accident happens. UM and UIM coverage is personal protection that goes with you. If you are involved in an accident involving a motor vehicle, UM and UIM coverage will apply, even if your own insured vehicle is parked in the garage.

In Iowa and Nebraska, UM and UIM does not cover damages to property.

If you or someone you know in Iowa or Nebraska has been impacted by an underinsured or uninsured driver, contact the professionals at Fitch & Stahle ! Our lawyers can provide you with legal advice to guide you through the process of pursuing your case.

By Robert Stahle December 5, 2025
And How We Fight Back
By Robert Stahle December 2, 2025
Getting hurt in an accident is overwhelming—physically, emotionally, and financially. Whether it was a car crash, a slip-and-fall, a dog bite, or a workplace incident, one thing is certain: what you do next can significantly affect your ability to recover compensation . At Fitch & Stahle Law Firm , we help injured people throughout South Sioux City , Sioux City , and the broader Nebraska-Iowa region understand their rights and take the right steps from day one. If you’ve been injured and suspect someone else is at fault, here’s how to protect yourself legally and financially. Step 1: Seek Medical Attention Right Away Even if your injuries seem minor, always get checked out by a medical professional as soon as possible after an accident. Why it matters: Some injuries (like whiplash or internal trauma) aren’t immediately obvious. Medical documentation is critical evidence in your personal injury case. Insurance companies will look at how soon you sought care to judge the severity of your injuries. Be sure to follow all treatment instructions and attend follow-up appointments. Gaps in care can be used against you later. Step 2: Report the Incident Whether it’s a car accident, workplace injury, or slip and fall, it’s important to officially report the incident: Car crash – Call the police and file a report. Workplace injury – Notify your employer in writing. Slip and fall or dog bite – Report it to the property owner or business manager. These reports create a verifiable timeline and paper trail that supports your claim. Step 3: Document Everything If you're able, gather as much evidence at the scene as possible, including: Photos of injuries, property damage, or the accident location Contact information for witnesses Notes on what happened, including time, date, and weather conditions Copies of any reports filed If you were too injured to document the scene, don’t worry—our legal team at Fitch & Stahle Law Firm can investigate on your behalf and gather evidence while it’s still fresh. Step 4: Don’t Speak to the Insurance Company Without Legal Advice Insurance adjusters might sound friendly—but their goal is to minimize payouts , not protect your interests. They may ask for a recorded statement or offer a quick settlement. Don’t take the bait. Before you sign anything or give a statement, speak with a qualified personal injury attorney . At Fitch & Stahle , we handle all communications with insurance companies so you don’t have to—and we won’t let them take advantage of your situation. Step 5: Know the Statute of Limitations in Your State Every state has a legal deadline for filing a personal injury lawsuit, known as the statute of limitations : Nebraska: 4 years from the date of the injury Iowa: 2 years from the date of the injury Some exceptions apply for cases involving minors or certain types of claims, but the bottom line is this: The sooner you act, the stronger your case. Step 6: Don’t Post About Your Case on Social Media What you post online can and will be used against you by insurance companies and defense attorneys. A seemingly harmless photo or post could be twisted to suggest you’re not as injured as you claim. Until your case is resolved, avoid posting about: Your accident Your injuries Your physical activities or travel Conversations with doctors or attorneys Step 7: Call a Personal Injury Attorney You Can Trust The most important thing you can do after an accident? Get legal help as soon as possible. A skilled attorney will: Investigate your case Prove fault and liability Calculate full damages (medical bills, lost wages, pain and suffering, etc.) Negotiate with the insurance company Represent you in court if necessary At Fitch & Stahle Law Firm , we treat your case with the care and urgency it deserves. We offer free consultations , and you pay nothing unless we win. Why Work with Fitch & Stahle Law Firm? ✅ Decades of experience helping injured people in Nebraska and Iowa ✅ Licensed in both NE and IA —we know the laws in both states ✅ Aggressive negotiators and trial-ready attorneys ✅ Personalized, compassionate service —you’re more than just a case file ✅ No legal fees unless we win We proudly serve clients throughout South Sioux City , Sioux City , and the surrounding Siouxland region. Whether you were injured on the road, on the job, or on someone else’s property—we’re here to help. Schedule Your Free Consultation Today If you’ve been injured, don’t wait to get the help you need. Let Fitch & Stahle Law Firm fight for your rights and secure the compensation you deserve. 📞 Call us now at 402-494-3012 🌐 Visit us online at fitch-stahlelaw.com 📍 Located in South Sioux City, Nebraska You only get one chance to recover the compensation you need— make it count with the right legal team on your side.