Underinsured Motorist Insurance: What You Need to Know Before Your Next Accident in Iowa or Nebraska

Car accidents are stressful enough on their own, but they can become even more complicated when the at-fault driver doesn’t have enough insurance to cover your damages. This is where underinsured motorist (UIM) insurance comes into play. In Iowa and Nebraska, UIM insurance provides crucial protection if you’re involved in an accident with a driver who has insurance but not enough to fully compensate you for your injuries, medical expenses, and other losses.

Whether you’re already familiar with your auto insurance coverage or just learning about UIM for the first time, this article will provide an in-depth look at underinsured motorist insurance in Iowa and Nebraska. We’ll explain what UIM coverage is, how it works, why it’s important, and what you need to know to protect yourself in the event of an accident with an underinsured driver.

What Is Underinsured Motorist Insurance?

Underinsured motorist insurance (UIM) is a type of auto insurance coverage that helps cover your damages when you’re involved in an accident with a driver whose liability insurance is insufficient to pay for your medical bills, property damage, and other losses.

How UIM Works:

  • The At-Fault Driver’s Insurance: In most auto accidents, the at-fault driver’s liability insurance is supposed to cover the injured party’s damages. However, if the at-fault driver’s coverage limits are lower than the total amount of your losses, there’s a gap between what their insurance can pay and what you need.
  • Your UIM Coverage Fills the Gap: When the at-fault driver’s insurance is insufficient, your underinsured motorist coverage kicks in to cover the difference, up to the limits of your own UIM policy.

For example, if the at-fault driver’s liability coverage is $25,000, but your medical bills and lost wages total $100,000, your UIM coverage can pay the remaining $75,000, assuming your UIM limits are high enough.

Is Underinsured Motorist Insurance Required in Iowa or Nebraska?

Both Iowa and Nebraska have laws regarding uninsured motorist (UM) coverage, but the rules for underinsured motorist (UIM) coverage are slightly different.

Iowa:

In Iowa, UIM coverage is not required by law. However, insurance companies are required to offer both uninsured and underinsured motorist coverage to all policyholders. It’s up to you whether or not you choose to purchase UIM coverage, but it’s highly recommended to protect yourself from underinsured drivers.

Nebraska:

In Nebraska, UIM coverage is also not mandatory, but insurers must offer it to policyholders. Like Iowa, it’s not required by law, but purchasing UIM coverage is an important safeguard in the event of an accident involving a driver with insufficient insurance.

Why Underinsured Motorist Insurance Is Important

While drivers in Iowa and Nebraska are required to carry a minimum amount of liability insurance, these limits may not be enough to cover the full cost of your damages after a serious accident. Here’s why underinsured motorist insuranceis critical for protecting yourself:

1. Many Drivers Have Low Liability Coverage Limits

In both Iowa and Nebraska, the minimum liability insurance requirements are relatively low:

  • Iowa: Drivers are required to carry at least $20,000 per person and $40,000 per accident for bodily injury, and $15,000 for property damage.
  • Nebraska: The minimum liability coverage is $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage.

If you’re involved in a serious accident, these limits may not come close to covering your medical expenses, lost wages, rehabilitation costs, and other damages. For example, a single hospital stay or surgery can easily exceed $50,000.

2. UIM Provides Financial Protection

If the at-fault driver’s insurance coverage isn’t enough to compensate you, your underinsured motorist coverage steps in to fill the gap. This financial protection can be crucial, especially if you’re dealing with severe injuries or long-term medical care.

3. Medical Bills and Lost Wages Can Add Up Quickly

Even minor car accidents can result in significant medical bills, especially when you factor in emergency room visits, diagnostic tests, physical therapy, and time off work. In more severe cases, such as accidents resulting in traumatic brain injuries (TBI) or spinal cord injuries, the cost of treatment and rehabilitation can be astronomical.

Without UIM coverage, you may be left paying these expenses out of pocket if the at-fault driver’s insurance doesn’t cover everything.

How Underinsured Motorist Coverage Works in Iowa and Nebraska

When you’re involved in a car accident with an underinsured driver, the process for using your UIM coverage will vary slightly depending on whether the accident occurred in Iowa or Nebraska. Here’s how it typically works:

Step 1: File a Claim with the At-Fault Driver’s Insurance

After the accident, the first step is to file a claim with the at-fault driver’s insurance company. Their liability coverage will pay for your damages up to their policy limits.

Step 2: Determine If the At-Fault Driver Is Underinsured

Once the at-fault driver’s insurance coverage is exhausted, your attorney will compare your total damages with the available coverage. If your losses exceed the at-fault driver’s policy limits, they are considered underinsured, and your UIM coverage can come into play.

Step 3: File a UIM Claim with Your Insurance

If the at-fault driver’s insurance isn’t enough, you will need to file a claim with your own insurance company under your UIM coverage. Your UIM policy will cover the difference between the at-fault driver’s insurance and the total amount of your damages, up to your UIM policy limits.

Step 4: Negotiating a Settlement

Insurance companies may try to dispute the value of your claim or argue that your injuries are not as severe as you claim. Your personal injury attorney will negotiate with your insurance company to ensure you receive the full amount of compensation you’re entitled to under your UIM policy.

What to Do After an Accident with an Underinsured Driver

If you’re involved in a car accident with an underinsured driver, it’s important to take the right steps to protect your rights and ensure that you receive fair compensation.

1. Seek Medical Attention

Your health is the most important priority. Even if you don’t think your injuries are severe, seek medical attention immediately after the accident. Some injuries, such as concussions or internal injuries, may not be immediately apparent but can become more serious over time.

2. Report the Accident

Contact local law enforcement and file an accident report. This official documentation will be important when filing a claim with the at-fault driver’s insurance and your UIM coverage.

3. Collect Evidence

Gather as much evidence as possible at the scene of the accident, including:

  • Photos of the accident scene, damage to vehicles, and your injuries
  • Contact information for any witnesses
  • Insurance information for the at-fault driver
  • A copy of the police report

4. Contact a Personal Injury Attorney

Dealing with insurance companies can be challenging, especially when there’s a question of underinsurance. A skilled personal injury attorney will help you navigate the claims process, negotiate with insurance companies, and ensure you receive the compensation you deserve.

How to Maximize Your UIM Claim

When filing a UIM claim, it’s important to take steps to maximize the amount of compensation you receive. Here are some tips to help ensure you get the most out of your UIM coverage:

1. Document Your Medical Treatment

Keep detailed records of all medical bills, doctor’s appointments, and treatments related to your injuries. This documentation will be essential when proving the value of your UIM claim.

2. Don’t Settle for Less

Insurance companies may try to offer a lowball settlement to save money. Don’t accept the first offer without consulting with your attorney. Your attorney can help negotiate a fair settlement that fully covers your damages.

3. Prove the Extent of Your Damages

In addition to medical expenses, your UIM claim should account for all of your damages, including:

  • Lost wages if you’re unable to work
  • Property damage to your vehicle
  • Pain and suffering
  • Future medical expenses for ongoing treatment

4. Hire an Experienced Attorney

A knowledgeable personal injury attorney can make a significant difference in the outcome of your UIM claim. They will handle all negotiations with the insurance company, gather evidence to support your claim, and fight for the full amount of compensation you deserve.

Client Takeaway: UIM Insurance Protects You When the At-Fault Driver Doesn’t Have Enough Coverage

Underinsured motorist (UIM) insurance is essential for protecting yourself in the event of an accident with a driver who has insufficient liability coverage. In both Iowa and Nebraska, UIM insurance can help cover the gap between the at-fault driver’s insurance and your total damages, ensuring that you’re not left paying for medical bills, lost wages, or property damage out of pocket.

At Ironclad Injury Law, we specialize in handling car accident cases in Iowa and Nebraska, including those involving underinsured drivers. If you’ve been injured in an accident with an underinsured driver, contact us today for a free consultation, and let us help you navigate the claims process, fight for fair compensation, and protect your rights.

Get a free consultation

Check - Elements Webflow Library - BRIX Templates
We are here for you every step of your case.
Check - Elements Webflow Library - BRIX Templates
We are a modern law firm that will treat you like family.
Check - Elements Webflow Library - BRIX Templates
Fill out the form to get access to our team of legal professionals.
Check - Elements Webflow Library - BRIX Templates

Thank you

Thanks for reaching out. We will get back to you soon.
Oops! Something went wrong while submitting the form.