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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.

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A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.