You did everything right. You carry insurance. You drive responsibly. You follow the law. Then someone hits you… and you find out their insurance isn’t enough to cover your injuries.

This happens more often than people realize in Pennsylvania. If you’re injured in a crash caused by an underinsured motorist, you may still have options. But how the process works — and how the insurance companies handle it — is not always straightforward. Let’s break it down.

What Is an Underinsured Motorist?

An underinsured motorist is a driver who causes a crash but does not carry enough liability insurance to fully compensate you for your injuries.

For example:

  • The at-fault driver has a $15,000 policy.
  • Your medical bills and lost wages total $75,000.
  • Their insurance pays its $15,000 limit.

Now what?

That’s where Underinsured Motorist coverage (UIM) comes into play.

What Is Underinsured Motorist Coverage (UIM)?

Underinsured Motorist coverage is protection you purchase under your own auto insurance policy. It is designed to step in when the at-fault driver’s insurance is insufficient. If you carry UIM coverage, your own insurance company may be required to pay the difference between:

  • What the at-fault driver paid, and
  • The full value of your injuries, up to your policy limits.

This coverage is optional in Pennsylvania, but many drivers carry it without fully understanding how it works until they need it.

How the Insurance Process Typically Works

Here’s what usually happens in an underinsured motorist injury case:

Step 1: Claim Against the At-Fault Driver

First, a claim is made against the negligent driver’s insurance policy. That carrier evaluates the claim and, if liability is clear, may offer its policy limits. Before accepting those limits, it is critical to understand the full value of your case.

Step 2: Notice to Your Own Insurance Company

If the at-fault driver’s coverage is not enough, you must notify your own insurance company that you intend to pursue a UIM claim. This is where many people are surprised. Your own insurance company now becomes an opposing party in the claim.

Yes, Your Own Insurance Company May Fight You

Even though you paid premiums for years, your insurer is still a business.

Once a UIM claim is filed, they will:

  • Investigate liability
  • Evaluate your medical records
  • Review your wage loss
  • Question the severity of your injuries

They may dispute the value of your claim or argue that your injuries are not as serious as documented. In some cases, UIM claims proceed to arbitration or litigation.

This is not unusual.

Can You Sue the Underinsured Driver and File a UIM Claim at the Same Time?

In Pennsylvania, you may be able to pursue:

  • A negligence claim against the at-fault driver, and
  • A UIM claim against your own insurance company

When both arise from the same crash, courts have allowed these claims to proceed together in certain circumstances.

The strategy behind how and when to pursue those claims matters.

Every case is different.

What If Your Damages Exceed Both Policies?

If your injuries are severe and both policies are insufficient, other avenues may need to be explored, including:

  • Umbrella policies
  • Additional responsible parties
  • Stacking coverage if available

Stacked UIM coverage can significantly increase available compensation, depending on your policy structure.

Common Questions About Underinsured Motorist Claims

Many injured drivers ask:

  • “Will my rates go up if I file a UIM claim?”
  • “Why is my own insurance company fighting me?”
  • “Do I have to accept their first offer?”
  • “Can I still recover for pain and suffering?”

The short answer: you are entitled to pursue full compensation for your injuries, including medical expenses, lost income, and non-economic damages like pain and suffering.

But the process is not automatic.

Why Legal Strategy Matters in UIM Cases

Underinsured motorist claims are not just “add-on” claims.

They involve contract law, insurance policy interpretation, and strategic timing.

If handled improperly, you can:

  • Jeopardize your ability to recover UIM benefits
  • Undervalue your case
  • Accept a settlement that doesn’t reflect long-term impact

These cases require careful coordination between the liability claim and the UIM claim.

Final Thoughts

Being injured by an underinsured motorist adds another layer of stress to an already difficult situation. You’re dealing with injuries. Medical treatment. Lost income. Then you discover the coverage isn’t enough.

Pennsylvania law allows injured drivers to protect themselves through Underinsured Motorist coverage. But when it comes time to use it, insurance companies do not simply write a check. If you were injured in a car crash and believe the at-fault driver does not have enough insurance, it’s important to understand your rights before agreeing to any settlement. Because once you sign, there is no going back.

If you have questions about a potential UIM claim, Pisanchyn Law Firm is here to help.

Frequently Asked Questions About Underinsured Motorist Claims

What is an underinsured motorist claim in Pennsylvania?

An underinsured motorist (UIM) claim allows you to seek compensation from your own insurance company when the at-fault driver does not carry enough liability insurance to fully cover your injuries.

Do I have to sue my own insurance company for UIM benefits?

In some cases, yes. If your insurer disputes the value of your claim, the UIM case may proceed through arbitration or litigation. Even though it is your policy, the insurance company may challenge the amount owed.

Will my insurance rates increase if I file a UIM claim?

Pennsylvania law generally prohibits insurers from raising rates solely because you made a claim that was not your fault. However, each policy and situation is different.

Can I recover pain and suffering in a UIM claim?

Yes. If you have full tort coverage, you may recover compensation for pain and suffering, lost wages, medical expenses, and other damages through a UIM claim.

What happens if my injuries exceed both insurance policies?

If your damages exceed the at-fault driver’s coverage and your own UIM limits, additional options may include stacked coverage, umbrella policies, or identifying other responsible parties.