Insurance coverage in injury claims

A claim is only worth what can actually be collected. A clear liability case against a driver carrying minimum limits, with no other coverage identified, will not pay for a catastrophic injury no matter how strong the liability proof. Coverage investigation is therefore not an administrative step at the end of a case — it is early, substantive work. Law Offices Of SRIS, P.C. handles coverage questions in Virginia, Maryland, the District of Columbia, New Jersey and New York.

Where additional coverage is usually found

The at-fault driver’s own policy is the starting point, not the endpoint. Other sources include: the injured person’s uninsured and underinsured motorist coverage, which applies to their own policy and sometimes to policies in their household; employer coverage where a vehicle was being used for work; the vehicle owner’s policy where the driver was not the owner; umbrella and excess layers; and coverage of any additional party whose negligence contributed. Household policies are frequently overlooked and are frequently the most valuable coverage in the case.

Notice conditions

Underinsured motorist coverage typically requires the insurer to be notified and given the opportunity to consent before any settlement with the at-fault party. Settling the liability claim first, without that consent, can forfeit the underinsured claim entirely. This is one of the most common and most costly errors made by people handling a claim without counsel, and it is not correctable afterward.

Your own insurer is not on your side in this

When a person makes an uninsured or underinsured motorist claim, their own insurer occupies the position of the opposing party on that claim, and evaluates it as an adversary would. The relationship that existed while premiums were being paid does not change that. Statements, examinations under oath and medical authorizations requested in that posture should be understood in that light.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Pages in this section

This section covers uninsured and underinsured motorist claims, stacking, policy limits demands, med-pay and personal injury protection, and coverage disputes.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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