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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 Victims Should Know About Drunk Driving Injury Lawsuits in Iowa and Nebraska

By Robert Stahle • July 28, 2025
Including Dram Shop Liability

Drunk Driving Accidents & Nebraska Dram Shop Laws:

By Robert Stahle • July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.