Underinsured motorist UIM claim attorney

Underinsured motorist coverage is the part of your own policy that responds when the at-fault driver’s insurance is not enough. It is frequently the difference between a serious claim being funded and not — and it is also the coverage most often forfeited by accident, because settling with the at-fault driver first can extinguish it. Law Offices Of SRIS, P.C. handles injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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How the coverage works

It sits above the at-fault party’s liability coverage and responds where that coverage is exhausted and your damages exceed it. Whether it is available, and how much, depends on your policy language and on the state — some states set off the liability payment against the underinsured limit while others do not, which changes the effective recovery substantially. Your own policy, any household policy and any policy under which you are an insured all need identifying, because more than one may apply.

The consent trap

This is the single most consequential point on this page. Underinsured policies typically require the insurer to be notified and given the opportunity to consent before you settle with the at-fault party — because settling releases the person from whom the insurer would otherwise seek recovery. Settling first without that consent can forfeit the underinsured claim entirely. It is not curable afterward, and it is one of the most common and most costly errors made by people handling a claim without counsel.

Your insurer is now the opposing party

When you make an underinsured claim, your own insurer occupies the position of the party defending it. It evaluates the claim adversarially, may require a statement or an examination under oath, and may arrange a medical examination. The relationship that existed while you were paying premiums does not change that posture. Understanding it is not cynicism — it is the basis for approaching those requests correctly rather than assuming they are administrative.

How these claims are contested

On liability, since your insurer stands in the shoes of the at-fault driver and can raise the same defences — including contributory negligence in Virginia, Maryland and the District. On damages, in the usual way. On policy interpretation, including set-off and whether stacking is available. And on conditions: late notice, failure to obtain consent, or non-cooperation with the policy’s requirements.

What to do in sequence

Notify your underinsured carrier early, in writing, before any settlement discussion with the at-fault party matures. Identify every policy that might apply — your own, household, and any under which you are an insured. Obtain written consent before settling with the at-fault driver, or follow the policy’s stated procedure precisely. Comply with cooperation obligations, but take advice before giving statements or attending examinations. And confirm how set-off operates in your state, because it determines what the coverage is actually worth.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

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.

Frequently Asked Questions

What is underinsured motorist coverage?

Coverage under your own policy that responds where the at-fault driver has insurance but not enough to cover your damages. It sits above their liability coverage. It is distinct from uninsured motorist coverage, which applies where the at-fault driver has no insurance at all.

Why can settling first destroy the claim?

Because the underinsured insurer typically has a right to pursue the at-fault driver for what it pays, and settling releases that person. Policies therefore commonly require notice and consent before you settle. Settling without following that procedure can forfeit the coverage entirely, and it cannot be repaired afterward.

Will my premiums go up if I claim?

Making a claim under coverage you paid for is what the coverage exists for. Practices on rating vary by insurer and by state, and it is a fair question to raise, but the alternative — forgoing the only coverage that will fund a serious injury — is generally a much larger loss.

Is my own insurer on my side?

Not on this claim. Once you make an underinsured claim, your insurer occupies the position of the party defending it and evaluates it adversarially. It may require a statement, an examination under oath and a medical examination. Approach those requests accordingly rather than as routine administration.

What is set-off?

Whether the at-fault driver’s payment is deducted from your underinsured limit or whether the underinsured coverage sits on top of it. States differ, and the difference is substantial — it determines what the coverage is actually worth in your case. Confirm how it operates in your state.

Can I use more than one policy?

Sometimes. Household policies and policies under which you are an insured may apply, and whether they can be combined depends on the policy language and on your state’s rules regarding stacking. Every potentially applicable policy should be identified rather than assuming only your own applies.

What if the at-fault driver offers their full limits?

That is precisely the moment to slow down. Accepting policy limits is a settlement with the at-fault party and it triggers the consent requirement. Notify your underinsured carrier and obtain consent, or follow the policy procedure, before accepting anything.

How long do I have to bring a claim?

The underlying injury periods apply — two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York — but your policy also imposes its own notice and suit conditions, which can be considerably shorter. Both must be identified.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

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.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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