What Happens When the Driver Who Caused Your Accident Doesn't Have Enough Insurance?
A serious car accident can leave you facing medical bills, lost income, vehicle damage, and injuries that affect your life long after the crash. Those problems can get even more complicated when the at-fault driver has little or no insurance.
In Maine, uninsured and underinsured motorist coverage may provide an important source of compensation when the at-fault driver’s insurance is unavailable or insufficient to cover your losses.
At VBK Law, we help injured Mainers understand their insurance coverage and pursue compensation after car accidents involving uninsured, underinsured, and hit-and-run drivers.
If an underinsured driver injures you, your own policy may provide coverage. But determining what applies, and how much you may be entitled to recover, may require careful review.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, often called UM coverage, protects you when a driver who caused an accident lacks the required liability insurance.
Maine law requires automobile insurance policies to cover policyholders who are legally entitled to recover damages for bodily injury caused by uninsured, underinsured, or hit-and-run motor vehicles.
This means that after an accident, you may need to deal with more than just the other driver’s insurer. Your own automobile insurance policy may also become important.
For example, UM coverage may become relevant when:
- The at-fault driver has no automobile insurance.
- The driver fled the scene and cannot be identified.
- The driver’s insurance company cannot pay because it is insolvent, subject to the terms of the applicable policy and Maine law.
- Other circumstances covered by the uninsured motorist provisions of your policy apply.
What Is Underinsured Motorist Coverage?
Underinsured motorist coverage, or UIM coverage, can apply when the driver who caused your accident has insurance, but their available liability coverage isn’t enough to compensate you for your injuries and damages.
This distinction matters.
Imagine that another driver causes a serious accident and has $50,000 in bodily injury liability coverage. Your injuries ultimately result in medical expenses, lost income, and other damages that are substantially greater than that amount.
The other driver’s policy may not provide enough coverage to fully compensate you. Depending on the circumstances and the terms of the applicable policies, your own underinsured motorist coverage may provide additional protection.
Maine law specifically recognizes an underinsured motor vehicle as one with insufficient insurance coverage under the circumstances defined by the statute.
Maine Requires Uninsured and Underinsured Motorist Coverage
Maine requires automobile insurance policies to include uninsured and underinsured motorist coverage, subject to the requirements and exceptions established by Maine law.
The Maine Bureau of Insurance currently identifies minimum UM/UIM coverage of $50,000 per person and $100,000 per accident. Maine law also addresses situations where an insured purchases higher bodily injury liability limits and the corresponding uninsured motorist coverage.
However, the amount of coverage available in an individual case depends on the applicable insurance policies, the people and vehicles involved, the nature of the accident, and the circumstances of the claim.
The limits printed on an insurance policy are not necessarily the amount you will ultimately recover.
Get Started Today
What If the Driver Has Some Insurance but Not Enough?
This is one of the most important reasons to understand UIM coverage.
A driver’s liability insurance may appear substantial until the seriousness of an injury becomes clear.
For example, a person who suffers a traumatic brain injury, spinal injury, permanent impairment, or another serious injury may face:
- Significant medical expenses
- Future medical treatment
- Rehabilitation
- Lost wages
- Reduced future earning capacity
- Long-term care needs
- Permanent disability
- Pain and suffering
- Emotional consequences
The other driver’s liability policy may not cover all of those losses.
An underinsured motorist claim may provide another potential source of compensation.
Your Own Insurance Company May Be Involved
Many people assume that their insurance company is automatically on their side after an accident.
That assumption can get complicated when you file a claim under your own uninsured or underinsured motorist coverage.
In a UM/UIM claim, your own insurance company may be the insurer responsible for providing the coverage you are seeking. That does not mean you should treat the claim casually.
The insurance company will evaluate the claim, the available coverage, the circumstances of the accident, and the damages being claimed.
An insurer may question:
- Who was at fault
- Whether the other driver was actually uninsured or underinsured
- Whether the accident caused the claimed injuries
- The extent and duration of your injuries
- Whether medical treatment was reasonable and necessary
- Lost wages and earning capacity
- The value of future damages
- The amount of coverage available under the applicable policies
Understanding the policy and fully documenting the claim are therefore important.
What If the Driver Hit Me and Left the Scene?
A hit-and-run accident can create another layer of difficulty because the driver may never be identified.
Maine’s uninsured motorist statute specifically protects against injuries caused by hit-and-run motor vehicles, subject to applicable legal and policy requirements.
If you are involved in a hit-and-run accident:
- Contact law enforcement.
- Seek medical attention for any injuries.
- Document the accident and your injuries as thoroughly as possible.
- Identify witnesses if possible.
- Preserve photographs, video, vehicle information, and other evidence.
- Notify the appropriate insurance companies.
- Have your insurance policy reviewed before assuming you do or do not have coverage.
A hit-and-run case can depend heavily on the available evidence, including witness accounts, surveillance footage, photographs, vehicle debris, and other information that may help identify the vehicle or establish what happened.
What If I Was a Passenger?
Depending on the circumstances, there may be multiple potentially applicable insurance policies.
For example, an injured passenger may need to consider:
- The insurance covering the vehicle they were riding in
- The other driver’s liability insurance
- UM/UIM coverage
- Other potentially applicable policies
Determining which coverage applies is not always straightforward.
What Damages Can an Uninsured or Underinsured Motorist Claim Cover?
Depending on the circumstances of the claim and applicable insurance coverage, compensation may include damages associated with:
- Medical expenses
- Future medical treatment
- Rehabilitation
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or impairment
- Other legally recoverable losses
The value of a claim depends on the specific facts, injuries, insurance coverage, and applicable law.
Don’t evaluate a serious injury solely by the bills you have received so far. Some injuries create costs and limitations that continue for years.
Get Started Today
Don’t Assume Your Insurance Company Will Explain Everything
Insurance policies can be complicated, particularly when multiple policies or layers of coverage may apply.
Important questions to ask your insurance company:
- Policy limits
- Who qualifies as an insured person
- Which vehicle’s policy applies
- Whether multiple policies provide coverage
- How liability coverage interacts with UM/UIM coverage
- Whether other injured people are making claims against the same policy
- How damages are calculated
- What evidence is needed to support the claim
A careful early review can help identify potential coverage sources before you make important decisions.
Attorney Perspective: The Insurance Policy Matters
One of the first questions after a serious accident should be: What insurance coverage is actually available?
The answer isn’t always found by looking at the other driver’s insurance card
Your policy may include coverage that becomes important after an accident, especially if the at-fault driver has no insurance or insufficient coverage.
That is why preserving and reviewing all potentially relevant insurance information can be an important part of evaluating an injury claim.
When Should I Talk to a Maine Uninsured or Underinsured Motorist Lawyer?
You may want to speak with a personal injury attorney if:
- You suffered significant injuries in a car accident.
- The other driver had no insurance.
- The other driver’s insurance limits may not be enough to cover your losses.
- The accident involved a hit-and-run driver.
- You are unsure what insurance coverage applies.
- Multiple vehicles or insurance policies may be involved.
- The insurance company is questioning your injuries or damages.
- You have received a settlement offer that does not appear to account for your future losses.
- Your injuries may result in permanent disability or reduced earning capacity.
You do not need to wait until your medical treatment is complete to ask questions about your legal rights and available insurance coverage.
How VBK Law Can Help After An Uninsured or Underinsured Motorist Claim
At VBK Law, we represent people injured in car accidents throughout Maine, including individuals injured by uninsured and underinsured drivers.
Our personal injury attorneys, Lisa A. Cohen and Seth D. Harrow, bring decades of experience handling injury claims and understanding the insurance issues that can affect recovery. For personal injury claims such as this, we offer free consultations.
We can help you:
- Review the circumstances of the accident
- Identify potentially applicable insurance coverage
- Evaluate the extent of your injuries and damages
- Communicate with insurance companies
- Gather and preserve relevant evidence
- Evaluate settlement offers
- Pursue the compensation available under applicable insurance policies and Maine law
VBK is a Bangor-based Maine law firm serving clients statewide.
If an uninsured or underinsured driver has injured you, we can help you understand what insurance coverage may be available and what steps to take next.
Get Started Today
Frequently Asked Questions
What is uninsured motorist coverage in Maine?
Uninsured motorist coverage protects insured people in circumstances involving an uninsured motor vehicle, subject to the terms of the policy and Maine law. Maine requires automobile policies to provide uninsured vehicle coverage, including coverage involving certain hit-and-run situations.
What is underinsured motorist coverage in Maine?
Underinsured motorist coverage may provide additional compensation when a driver who caused an accident has insurance but does not have enough available coverage to fully address the injured person’s legally recoverable damages.
Does Maine require UM and UIM coverage?
Maine law requires automobile insurance policies to provide uninsured and underinsured motorist coverage, subject to statutory requirements. The Maine Bureau of Insurance currently identifies minimum UM/UIM limits of $50,000 per person and $100,000 per accident.
Can I make a claim against my own insurance after an accident?
Potentially. If you have applicable uninsured or underinsured motorist coverage, your own automobile insurance policy may provide compensation after an accident caused by an uninsured or underinsured driver. Whether coverage applies depends on the circumstances and the applicable policy.
What if the other driver has insurance but it isn't enough?
You may have an underinsured motorist claim under your own insurance policy. The amount potentially available depends on the applicable policies, coverage limits, the damages involved, and Maine law.
What if the other driver leaves the scene?
Maine’s uninsured motorist law covers injuries caused by hit-and-run motor vehicles, subject to applicable requirements. Promptly reporting the accident and preserving available evidence can be important.
Should I accept the insurance company's settlement offer?
Before accepting a settlement, you should understand the full extent of your injuries, damages, and available insurance coverage. Once a claim is resolved, you may be unable to seek additional compensation for the same injuries.
How much is an uninsured or underinsured motorist claim worth?
There is no standard value. The potential value depends on factors including the nature and severity of the injuries, medical expenses, lost income, future damages, available insurance coverage, liability, and the evidence supporting the claim.
