After a car crash, most people expect the at-fault driver’s insurance to cover their medical bills, lost wages, and other losses. But what happens when that driver doesn’t have insurance or doesn’t have enough?
That’s where uninsured motorist (UM) and underinsured motorist (UIM) coverage come in. These parts of your own auto insurance policy can make a big difference after a serious crash.
We’ve put together nine common UM/UIM questions we hear from families after accidents, answered in plain English.
1. What is UM/UIM coverage, and why does it matter?
Uninsured motorist (UM) and underinsured motorist (UIM) coverage are parts of your own auto insurance policy designed to protect you when the at-fault driver’s insurance cannot.
If the other driver has no insurance at all, UM coverage may apply. If they have insurance but not enough to cover medical bills, missed work, and long-term care, UIM coverage may help close that gap.
Instead of relying on the other driver’s policy, you’re turning to your own insurance for help.
2. Is UM/UIM coverage required in Pennsylvania or New Jersey?
In Pennsylvania, insurance companies are required to offer UM and UIM coverage, but drivers can reject it in writing. Many people don’t even remember making that decision, especially if it happened years ago when setting up a policy online or renewing coverage.
In New Jersey, UM/UIM coverage is usually included, but the limits depend on the policy you choose.
This is why it’s a good idea to periodically review your policy. If you haven’t looked at it recently, our article, Time to Review Your Car Insurance, is a helpful place to start.
3. When does my own insurance pay after a crash?
After a car crash in Pennsylvania or New Jersey, insurance often applies in layers. Medical bills are typically paid first through first-party medical benefits (PIP) under your own auto policy, regardless of who caused the crash. This coverage helps with immediate treatment of physical injuries but does not cover pain and suffering.
Next, the at-fault driver’s liability insurance is looked to for compensation. If the driver’s coverage is not enough, underinsured motorist (UIM) coverage under your own policy may apply after those limits are used up. If the at-fault driver has no insurance or can’t be identified, uninsured motorist (UM) coverage may step in instead.
Pennsylvania’s minimum insurance limits are often nowhere near enough for serious injuries. Once the other driver’s coverage runs out, your own policy may become the main source of compensation.
4. Does UM/UIM coverage apply if I wasn’t driving?
Often, yes.
UM/UIM coverage may apply if you were:
- A passenger in someone else’s vehicle
- Hit by a car while walking or biking
- Injured while riding in a rideshare
Coverage depends on your insurance policy and the circumstances of the crash, especially when accidents happen across state lines between Pennsylvania and New Jersey.
5. What’s the difference between UM/UIM coverage in PA and NJ?
While the coverage serves the same purpose, the rules are not identical.
In Pennsylvania, UM/UIM coverage is optional and stacking may be available. In New Jersey, UM/UIM coverage is more commonly built into policies, but stacking is more limited.
If you live in one state and were injured in the other—a common situation in the Philadelphia area—both states’ insurance rules may come into play.
6. What is “stacking,” and why does it matter?
Stacking allows you to combine UM/UIM coverage limits for more than one vehicle on the same policy.
For example, if you insure two vehicles and each has UIM coverage, stacking may allow you to access both limits after a serious crash. In Pennsylvania, stacking is allowed unless you specifically waive it. In New Jersey, the rules are stricter.
Stacking can make a meaningful difference when injuries require ongoing treatment.
7. Will my insurance company really be on my side?
Even though a UM/UIM claim is made under your own policy, it’s still an insurance claim that will cost your insurance company money.
Your insurance company may question the severity of your injuries, challenge medical treatment, or push for a quick settlement that doesn’t reflect the full impact of the crash. This can be frustrating for people who have paid premiums for years.
If you’re unsure how to handle those conversations, How do I deal with insurance companies after a car accident? can help explain what to expect.
8. Do I need a lawyer for a UM/UIM claim?
UM/UIM cases are typically complex claims so it is advisable to talk to a lawyer to ensure that you get all of the compensation you deserve. UM/UIM claims often involve detailed policy language, medical records, and disputes over the value of injuries, which insurers can use to confuse unrepresented plaintiffs and muddy the waters of financial responsibility.
Having an attorney on your side can help protect your rights and increase your compensation. Importantly, it costs nothing to call and ask questions.
9. What should I do now to protect myself and my family?
A few simple steps can go a long way:
- Review your auto insurance policy
- Check whether you have UM and UIM coverage
- Confirm your coverage limits and stacking status
No one plans to be hit by an uninsured or underinsured driver. But on busy Pennsylvania and New Jersey roads, it happens every day.
Protecting Yourself When Insurance Falls Short
UM/UIM coverage is one of those things people don’t think about—until the other driver’s insurance isn’t enough. When that happens, your own policy may be the key to covering medical bills, lost income, and future care.
If you have questions after a crash or want help understanding your coverage, a quick phone call to our team at Aversa & Linn can provide answers and peace of mind. And it doesn’t cost anything to get started.
Drive safely out there. Philly traffic already has enough surprises.
