Your claim goes through your own insurer, not the other driver's
When an uninsured motorist hits you, you file a claim with your own insurance company, not with anyone else's. Your uninsured motorist coverage (sometimes called UM coverage) is part of your own policy. The insurer handling your claim is the one you pay premiums to every month.
This matters because it changes who you negotiate with and what happens if you disagree on the settlement amount. You are not waiting for another driver's insurer to admit fault or pay out. Your own insurer is the party deciding what your claim is worth and whether to pay it.
The people who help you through this process fall into a few categories: your insurer's claims adjuster, your own lawyer if you hire one, and sometimes a mediator or arbitrator if you and your insurer cannot agree.
Key Takeaways
- Your own insurance company handles the uninsured motorist claim, not the other driver's insurer, because the other driver has no insurance to claim against.
- A claims adjuster from your insurer investigates the accident, determines fault, and calculates what your claim is worth based on your policy limits.
- If you disagree with your insurer's settlement offer, you can hire a personal injury lawyer to negotiate on your behalf or pursue arbitration.
- Many policies include arbitration clauses that require disputes over settlement amounts to go to a neutral arbitrator instead of court.
- Your insurer must act in good faith when settling your claim, meaning they cannot lowball you or refuse to pay without a legitimate reason tied to your policy.
The claims adjuster from your own insurance company
When you file an uninsured motorist claim, your insurer assigns a claims adjuster to your case. This person investigates the accident, reviews police reports, looks at vehicle damage, and interviews witnesses. They are employed by or contracted to your insurance company, not by a neutral third party.
The adjuster's job is to determine whether the uninsured motorist was at fault and, if so, to calculate the value of your claim. They look at medical bills, lost wages, repair estimates, and pain and suffering. They then make a settlement offer based on what they believe your claim is worth under your policy.
You should know that the adjuster works for the company paying the claim, so there is an inherent conflict of interest. Your insurer wants to pay as little as possible while staying within the law. This does not mean they will cheat you, but it does mean their first offer is often lower than what you might recover if you pushed back or hired a lawyer.
Personal injury lawyers who negotiate or litigate on your behalf
If your claim is substantial or your insurer's offer seems too low, you can hire a personal injury lawyer to represent you. The lawyer reviews the adjuster's investigation, challenges their valuation if it is unreasonable, and negotiates a higher settlement. If negotiation fails, the lawyer can file a lawsuit against your own insurer to force the dispute into court or arbitration.
Many personal injury lawyers work on contingency, meaning they take a percentage of what you recover (usually 25 to 40 percent) and charge nothing upfront. This makes it easier to afford legal help without paying out of pocket. If you recover nothing, the lawyer gets nothing, though you may still owe costs for informed witnesses or court filings.
A lawyer is most useful when your medical bills are high, you have ongoing treatment, the adjuster's offer is clearly too low, or your insurer denies the claim outright. For minor injuries and straightforward cases, the adjuster's offer may be fair enough that hiring a lawyer costs more than it gains you.
Arbitrators who decide disputes over settlement amounts
Many uninsured motorist policies include an arbitration clause. This clause says that if you and your insurer disagree on what your claim is worth, the dispute goes to a neutral arbitrator instead of to court. The arbitrator listens to both sides and makes a binding decision on the settlement amount.
Arbitration is faster and cheaper than a lawsuit. There is no jury, no formal courtroom, and no lengthy discovery process. You and your insurer (or your lawyer and the insurer's lawyer) present evidence and arguments, and the arbitrator decides. The decision is final and cannot be appealed except in rare cases of fraud or misconduct.
Arbitration favors neither side in theory, but in practice it often splits the difference between what you are asking for and what the insurer is offering. If your insurer offers $5,000 and you are asking for $15,000, an arbitrator might award $10,000. This is why arbitration can be a good middle ground when negotiation stalls.
State insurance regulators if your insurer acts in bad faith
If your insurer refuses to pay a valid claim, delays unreasonably, or makes an offer that is clearly unreasonable given the facts, you can file a complaint with your state's insurance commissioner or department of insurance. This is a free service run by your state government.
The regulator investigates whether your insurer violated state insurance laws. They cannot force the insurer to pay a specific amount, but they can order the insurer to comply with the law, impose fines, or revoke the insurer's license if the violation is serious. A complaint on file also strengthens your position if you later hire a lawyer or go to arbitration.
Filing a complaint does not cost you anything and does not prevent you from also suing or pursuing arbitration. It is a parallel track that puts pressure on the insurer to act fairly. You can find your state's insurance commissioner through the National Association of Insurance Commissioners website.
Medical providers and repair shops who document your damages
While not decision-makers in the settlement, doctors, hospitals, and auto repair shops play a critical role in proving what your claim is worth. The adjuster relies on medical records and bills to calculate your injury damages, and on repair estimates to value vehicle damage.
Make sure you keep all medical records, bills, and receipts. If you see a doctor, get copies of the visit notes and diagnosis. If you have your car repaired, get a detailed estimate and invoice. These documents are what the adjuster uses to justify the settlement amount. If records are missing or vague, the adjuster may undervalue your claim.
You do not need to hire these providers to help you settle—they are already helping by documenting what happened. But you do need to make sure the adjuster has access to their records and that those records are complete and accurate.
How to choose between these helpers
Start by reviewing your insurer's initial settlement offer carefully. If the offer covers all your documented losses (medical bills, lost wages, vehicle repair, and a reasonable amount for pain and suffering), you may not need outside help. If the offer is significantly lower or the insurer denies the claim, your next step depends on the amount at stake and your comfort with negotiation.
For claims under $5,000, the cost of hiring a lawyer often outweighs the benefit. For claims over $10,000, a lawyer or arbitration usually makes sense. In the middle range, a single consultation with a lawyer can help you decide whether to negotiate further on your own or hire representation.
If your policy includes arbitration and you and the insurer are far apart on value, arbitration is usually faster and cheaper than hiring a lawyer for a full lawsuit. If your insurer is acting in bad faith—denying a clear claim or stalling indefinitely—file a complaint with your state insurance commissioner while you pursue other remedies.
Frequently Asked Questions
Can I sue the uninsured motorist directly instead of going through my own insurer?
You can sue the uninsured motorist in small claims court or civil court, but you will likely recover nothing because they have no insurance and may have no assets. Your uninsured motorist coverage exists precisely because the other driver cannot pay. Going through your own insurer is the practical route because your insurer has money and is legally required to pay valid claims under your policy.
What if my insurer says my uninsured motorist coverage does not explore?
If your insurer denies the claim, ask them in writing to explain which part of your policy excludes coverage. Review your policy yourself to see if their reason is valid. If you disagree, consult a personal injury lawyer or file a complaint with your state insurance commissioner. Many wrongful denials are overturned when challenged.
Do I have to accept the first settlement offer from my insurer?
No. You can counteroffer, ask the adjuster to explain their valuation, request a review by a supervisor, or hire a lawyer to negotiate. Your insurer expects some back-and-forth. If you reach an impasse, arbitration or a complaint to the insurance commissioner are your next steps.
How long does an uninsured motorist settlement usually take?
straightforward claims with clear liability and minor injuries may settle in weeks. Complex claims with serious injuries, ongoing treatment, or disputes over fault can take months. Arbitration typically takes two to four months once it is initiated. If you hire a lawyer and go to court, expect six months to over a year.
Will hiring a lawyer cost me money upfront?
Most personal injury lawyers work on contingency, so you pay nothing unless you recover money. When you do recover, the lawyer takes a percentage (usually 25 to 40 percent) as their fee. You may owe costs for informed reports or filing fees, but the lawyer usually advances these and deducts them from your recovery.