Uninsured/Underinsured Motorist Accident Lawyer
- Experienced in handling complex UM/UIM claims across Alabama
- Free consultations and no fees unless we win
- Familiar with local insurance policies and carrier tactics
- Proven results in recovering compensation when at-fault drivers can’t pay
Getting hit by a driver who doesn’t have insurance—or doesn’t have enough—leaves you with a lot of questions. Who’s going to cover your hospital bills? What happens if you can’t work for weeks or longer? These crashes happen more often than people realize, especially in busy areas like Dauphin Island Parkway, Moffett Road, I-10, and some of the tighter intersections in Midtown.
If the at-fault driver can’t pay, your own insurance may have to step in. Most drivers carry uninsured or underinsured motorist coverage, but just having the coverage doesn’t mean the insurance company will make it easy. They may delay, offer less than your claim is worth, or deny it outright. This puts more pressure on you at a time when you should be focused on healing.
That’s where we come in. At Maloney-Lyons, LLC, we know how to deal with these situations. We start by going over your policy in plain terms so you understand your rights. Then we look at what the insurer is offering and whether it’s fair based on the full extent of your injuries and losses. If it’s not, we’ll challenge it and push for the result you deserve.
Don’t assume your insurance company is automatically on your side in this kind of case. If you’ve been hit by an uninsured or underinsured driver, contact us for a free consultation. We’ll help you understand your options and handle the process from start to finish.
Understanding Uninsured vs. Underinsured Motorists
When you’re hurt in a car crash, one of the first questions that comes up is who’s going to pay for your injuries, vehicle repairs, and time off work. If the driver who caused the wreck has no insurance or doesn’t have enough to cover the damage, it’s not just frustrating—it can put your recovery at risk. That’s why understanding the difference between uninsured and underinsured drivers is so important, especially in Alabama where many drivers carry only the bare minimum required by law. Recognizing the gap between what’s covered and what you’ve lost is often the first step in figuring out how to move forward.
What Does “Uninsured” Mean?
An uninsured driver is exactly what it sounds like—someone behind the wheel with no liability insurance at all. This might happen because the person never purchased a policy, let their coverage lapse, or was driving illegally. If one of these drivers causes an accident, they have no insurance company to step in and pay for the damage they caused. That means you’ll have to rely on your own uninsured motorist coverage to recover compensation. If you don’t have that coverage, you may be stuck covering the costs yourself unless the driver has personal assets, which is rare.
What About “Underinsured” Drivers?
An underinsured motorist does have car insurance, but it’s not enough to cover the full amount of your losses. Alabama only requires $25,000 in bodily injury liability per person and $50,000 per accident. In a serious crash, your hospital bills alone can exceed those limits. Once their insurance pays out the maximum, you may be on the hook for the rest unless you have underinsured motorist coverage in your own policy.
Why Minimum Coverage Isn’t Enough
Many Alabama drivers buy only the legal minimum required by the state, which doesn’t go far when there’s a serious injury involved. Emergency care, surgery, therapy, lost income, and long-term care needs can add up quickly. If the at-fault driver’s policy doesn’t cover it, you’ll need to file a claim through your own insurance.
Knowing how this coverage works—and how it applies to your situation—is key. A clear understanding of the differences between uninsured and underinsured claims helps you take the right steps after an accident and puts you in a better position to recover the full compensation you need.
How UM/UIM Coverage Works in Alabama
After a crash with a driver who doesn’t have insurance—or doesn’t have enough—many people assume they’re just out of luck. However, uninsured and underinsured motorist (UM/UIM) coverage exists for exactly these situations. It’s a type of protection built into your own auto policy that can step in when the other driver can’t pay. Still, many drivers don’t fully understand how it works or how to access it. In Alabama, the rules surrounding UM/UIM coverage are specific, and insurance companies don’t always make the process easy. Knowing how this coverage operates can help you avoid delays and protect your ability to recover fair compensation.
Alabama Law Requires UM/UIM to Be Offered
In Alabama, every auto insurance company is required by law to offer UM/UIM coverage when a policy is issued. You can reject it in writing, but if you didn’t actively decline it, there’s a good chance your policy includes it. This kind of coverage is meant to protect you and your passengers when the at-fault driver lacks enough insurance to cover your damages. Whether you were driving, walking, or riding in another vehicle, your UM/UIM policy can apply if the crash meets the right conditions.
When Can You Use It?
UM/UIM coverage can be triggered in several different scenarios:
- The at-fault driver has no insurance.
- The at-fault driver has insurance, but their limits are too low to cover your medical bills and other losses.
- You were injured in a hit-and-run and the other driver can’t be identified.
- You were a passenger or pedestrian hurt by an uninsured or underinsured driver.
In each of these situations, your UM/UIM policy can provide compensation up to the limits of the coverage you purchased. However, it only kicks in after the at-fault driver’s insurance has been exhausted or confirmed to be unavailable.
Filing a UM/UIM Claim Isn’t Always Easy
Although this coverage comes from your own policy, that doesn’t mean your insurer will automatically pay what’s fair. Insurance companies still look for ways to limit what they owe—even when you’re their own customer. They may challenge the severity of your injuries, question whether the other driver was really uninsured, or ask for unnecessary documentation to stall the process.
That’s why legal representation can make a major difference. A lawyer can handle communications with your insurer, gather the right evidence, and push back when delays or low offers happen. This can be especially important when you’re trying to focus on recovering from the accident itself.
Understanding how UM/UIM works gives you options. It helps you take control of your situation and move forward with confidence—even when the other driver has failed to meet their responsibility.
Challenges with These Claims
Filing a claim after a car accident is never simple, but it becomes even more complicated when you’re dealing with an uninsured or underinsured driver. Although UM/UIM coverage is supposed to help in these situations, getting the insurance company to actually pay can be another uphill battle. The process involves more than just submitting a claim—it requires documentation, persistence, and often, legal pressure. Victims are frequently caught off guard by delays, denials, and finger-pointing between insurers. Understanding the common challenges can help you prepare and respond effectively when it counts.
Insurance Companies May Stall or Deny Payouts
Even though UM/UIM coverage comes from your own policy, insurance companies don’t automatically treat you fairly. Their goal, as always, is to minimize how much they pay out. They might delay responding to your claim, argue that your injuries aren’t serious, or insist that the accident doesn’t meet the policy’s criteria. In some cases, they’ll make a low settlement offer early on, hoping you’ll accept out of frustration or financial need. Without legal support, many people don’t realize how much their claim is really worth—or that they can push back.
You’ll Have to Prove the Other Driver Was Uninsured
UM claims require evidence that the other driver didn’t have insurance, which can be harder than it sounds. If it was a hit-and-run, for example, there may be no confirmed identity for the other driver, and your insurer might question whether the other vehicle was even involved. In underinsured claims, you’ll also need to show that the other driver’s coverage has been exhausted. Getting this information can take time and may involve coordination with multiple insurers. Until that’s resolved, your own UM/UIM coverage usually won’t kick in.
Overlapping Claims Can Create Confusion
When you’re hurt in a crash, your claim may not be limited to just one insurance policy. Medical bills might be paid first by your health insurance, and vehicle repairs might fall under your collision coverage. Meanwhile, you’re trying to figure out if UM/UIM benefits apply. These overlapping claims can lead to delays and disputes about who pays what and when. Some providers may even assert reimbursement rights—such as subrogation—against your final settlement, complicating things further.
For these reasons, it’s important to approach UM/UIM claims with clear documentation and experienced guidance. When multiple policies and parties are involved, small mistakes or missed steps can cost you part—or all—of your rightful compensation.
Why Hire Maloney-Lyons?
Uninsured and underinsured motorist claims often feel like a dead end—especially when you’re dealing with painful injuries, rising bills, and an insurance company that won’t budge. That’s where Maloney-Lyons, LLC comes in. We know how to handle UM/UIM accident claims from start to finish, and we understand what’s at stake when the at-fault driver can’t pay. While the process is frustrating, the right legal team can make all the difference in getting results that truly cover your losses and protect your future.
Experience With UM/UIM Cases
Not every law firm understands how uninsured or underinsured motorist coverage really works. At Maloney-Lyons, we’ve helped countless clients recover compensation through their own insurance policies after serious crashes. We know how to work through the legal and procedural challenges these cases bring and how to build a solid claim even when the other driver disappears or lacks proper coverage.
Focused Knowledge of Alabama Insurance Law
UM/UIM claims are governed by specific rules under Alabama law, and insurance companies often use those rules to their advantage. Our team understands how policies are written, where insurers may try to limit coverage, and what’s needed to force a fair payout. We dig into the fine print and apply the law to your benefit—holding insurers accountable when they stall, underpay, or deny without cause.
Contingency Fees and Free Consultations
We know that money is often tight after a crash, especially if you’re out of work or facing high medical costs. That’s why we work on a contingency fee basis—meaning you don’t pay us unless we win your case. We also offer free consultations, so you can get answers about your legal options without any pressure or financial risk.
Tough on Insurers, Supportive With Clients
Our firm takes an aggressive approach when dealing with insurance companies, but we never lose sight of the people we represent. We’ll handle the hard negotiations and paperwork so you can focus on recovering. When you hire Maloney-Lyons, you get both strong legal advocacy and the peace of mind that someone’s fighting for what’s fair.
Protect Your Rights After a UM/UIM Crash
Don’t settle for less—protect your rights after a UM/UIM crash. If you were hit by an uninsured or underinsured driver in a residential area like Midtown Mobile, you may feel overwhelmed and unsure where to turn. Let Maloney-Lyons, LLC take the pressure off your shoulders. Our team understands how to push back against insurance delays and low offers while guiding you through every step of the process. We’ll review your policy, gather evidence, and pursue every available source of compensation. Contact us today for a free consultation and let us fight for the financial recovery you need to move forward.
FAQs About Uninsured and Underinsured Motorist Accidents in Alabama
When you’ve been in a crash caused by an uninsured or underinsured driver, it’s easy to feel stuck. You might wonder how to pay your medical bills, cover lost income, or deal with repair costs—especially if the at-fault driver can’t cover your damages. That’s where uninsured/underinsured motorist (UM/UIM) coverage comes into play. This section addresses common questions we get from Alabama drivers dealing with these difficult situations.
Q: What if the driver who hit me had no insurance?
A: If the driver who caused your accident didn’t have any insurance, you may be able to file a claim through your own uninsured motorist (UM) coverage. This part of your policy is designed to help in exactly this kind of scenario. It can pay for medical expenses, lost wages, and other damages, even though the other driver can’t cover them. It’s important to act quickly and understand the terms of your policy.
Q: Will filing a UM claim raise my insurance rates?
A: Not necessarily. If you weren’t at fault for the crash, your insurance company usually won’t raise your premiums just for using your UM or UIM coverage. These claims are meant to protect you in situations beyond your control. However, every insurer is different, and some may review your overall risk profile. That’s why it’s helpful to speak with a lawyer before moving forward.
Q: What’s the time limit to file a UM/UIM claim in Alabama?
A: Alabama law typically gives you two years from the date of the crash to file a UM or UIM claim. However, some insurance policies may have shorter notice requirements, meaning you could be required to notify your insurer much sooner. Missing these deadlines could limit or block your right to compensation, so it’s best to begin the process as soon as possible.
Q: What if I don’t have UM/UIM coverage?
A: If you don’t carry UM or UIM coverage, there may still be other paths forward. We’ll examine all potential sources, such as umbrella or excess liability policies, other household insurance policies that may apply, or even possible third-party claims—for instance, if a faulty road or defective vehicle contributed to the crash. It all depends on the specifics of your case.
Understanding your coverage and rights after a UM/UIM crash can make a major difference in your recovery. If you have questions about your options or aren’t sure where to start, we’re here to help.