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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.

What to Do If You’re Hit by a Drunk Driver:

By Robert Stahle • June 25, 2025
Legal Steps You Should Take The moments after a car accident are chaotic and frightening—but when you realize the other driver may be drunk, the fear and uncertainty intensify. You may be injured, confused, and unsure of what to do next. Taking the right steps immediately after the accident can significantly affect your ability to recover physically, emotionally, and financially. At Fitch & Stahle Law Firm , we’ve helped countless victims in Iowa and Nebraska who were hit by drunk drivers. If you ever find yourself in this situation, here’s what you need to know and do. 1. Call 911 Immediately Your safety and the safety of others come first. Call 911 to report the accident and request emergency medical assistance if anyone is injured. Make sure to inform the dispatcher if you suspect the other driver is impaired—this can ensure police respond quickly and gather critical evidence at the scene. When the officers arrive, give them an honest account of what happened, but avoid speculating or assigning blame. Stick to the facts. Law enforcement will perform sobriety tests or request a breathalyzer if they suspect intoxication, which is key evidence in your future claim. 2. Seek Medical Attention—Even If You Feel Fine Many injuries from auto accidents don’t show symptoms right away. Adrenaline can mask pain, and some injuries (like concussions or soft-tissue damage) take time to reveal themselves. Always get checked out by medical professionals at the scene or follow up immediately with your doctor. Having documented medical treatment is also essential for your legal case. Insurance companies often challenge claims that don’t have clear, timely medical records. 3. Gather Evidence at the Scene (If You Can) If you're physically able to, collect as much evidence at the scene as possible: Take photos of both vehicles, the accident site, and any visible injuries. Note the time, location, road conditions, and any nearby businesses or traffic cameras. Get the names and contact info of any witnesses. Write down anything you observe about the other driver—slurred speech, empty containers, erratic behavior. The more details you preserve early on, the stronger your claim will be. 4. Avoid Talking to Insurance Companies Without Legal Counsel After the accident, the at-fault driver's insurance company may reach out quickly. They may seem sympathetic, but their goal is to minimize their financial liability. Avoid giving recorded statements, signing any documents, or accepting a settlement before speaking to an attorney. Even your own insurance company may not act in your best interest if the claim involves underinsured or uninsured motorist coverage. A lawyer can handle these conversations and protect your rights. 5. Contact a Personal Injury Attorney Right Away Drunk driving accident cases can involve criminal and civil elements, multiple liable parties, and complex insurance policies. A qualified personal injury attorney can: Preserve evidence File paperwork on time Handle negotiations Represent you in court if needed At Fitch & Stahle , we know how to build a case that reflects the full impact of the crash—including medical bills, lost income, pain and suffering, and possible punitive damages . If you’ve been hit by a drunk driver in Iowa or Nebraska, don’t navigate the aftermath alone. Contact Fitch & Stahle Law Firm for a free consultation. We’ll walk you through every step, protect your rights, and fight for the full compensation you deserve.

Holding Drunk Drivers Accountable in Civil Court: What Victims Should Know

By Robert Stahle • June 18, 2025
When someone is injured by a drunk driver, the first question is often: “Will they go to jail?” Criminal charges such as DUI or OWI (Operating While Intoxicated) are often filed against the driver, especially if injuries or fatalities are involved. While this may result in fines, license suspension, or even jail time, the reality is this: a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim —a personal injury lawsuit. This is where true accountability happens for victims. At Fitch & Stahle Law Firm , we help people across Iowa and Nebraska navigate the civil justice system and pursue the compensation they need after a drunk driving accident. Here’s what you should know. Civil Cases Are Separate from Criminal Trials Many victims assume that if the driver is arrested and convicted of DUI, they’ll automatically be compensated. But criminal proceedings are about the state punishing the offender—not helping the victim recover. In fact, you can file a civil lawsuit even if the driver isn’t charged or convicted. While a conviction helps prove liability in civil court, it’s not required. Your personal injury attorney will build a case based on evidence of negligence and damages—whether or not the state takes action. What Damages Can You Recover in a Civil Claim? Civil cases allow victims to recover a broad range of compensatory damages , including: Emergency medical bills Ongoing treatment and rehabilitation Lost wages and future income Pain and suffering Mental anguish Vehicle and property damage Loss of enjoyment of life In many drunk driving cases, you may also be entitled to punitive damages . These are awarded to punish gross negligence—like driving with a high blood alcohol content or with prior DUI convictions. Punitive damages can dramatically increase your total compensation and serve as a warning to others. The Role of an Attorney in Building Your Case Civil lawsuits require a thorough investigation, documentation, and expert testimony. At Fitch & Stahle, we begin by collecting all the evidence: police reports, toxicology results, dashcam footage, witness statements, and medical records. If needed, we consult with accident reconstruction experts to establish what happened and why. We then calculate both economic damages (like medical bills) and non-economic damages (like emotional trauma), making sure no part of your suffering is overlooked. We also handle all communication with insurance companies and opposing counsel. Our team is skilled in negotiation and litigation, and we’re fully prepared to take your case to court if a fair settlement isn’t offered. When Third-Party Liability May Apply In some situations, additional parties may be held responsible. For example: Bars or restaurants that overserved the driver may be liable under dram shop laws Employers who allowed a known impaired driver to operate a company vehicle could also face liability We explore all angles to make sure you’re fully compensated. If you’ve been injured by a drunk driver in Sioux City or surrounding areas, the criminal justice system alone won’t protect your future. Let Fitch & Stahle Law Firm help you file a civil claim, recover full compensation, and hold the drunk driver—and any responsible parties—accountable. Contact us today for a free case review.
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