How a Florida Car Accident Lawyer Can Help You File a UM/UIM Claim

Steven A. Bagen | August 13, 2025 | Uncategorized

A car accident lawyer helps you file a UM/UIM claim by taking the entire legal burden off your shoulders. They handle all communication with your insurance company, conduct a full investigation to prove your case, accurately calculate the total value of your damages—not just the immediate bills—and file all necessary legal documents to meet strict deadlines.

The difficult reality is that when you file a UM/UIM claim, you are not necessarily dealing with someone who has your best interests in mind. You are in an adversarial relationship with your own insurance provider, whose goal is to pay out as little as possible. They will scrutinize your medical history and may require extensive proof that the other driver was at fault and uninsured.

There is a clear path to securing the compensation you are owed under the policy you paid for. The burden of proving your case and negotiating a fair settlement should not be yours to bear while you are recovering from your injuries.

Don’t figure this out on your own. Call our team at Steven A. Bagen & Associates, P.A. for a free consultation at (800) 800-2575.

Why UM/UIM Coverage is So Important in Florida

A Risky Environment for Drivers

Florida has one of the highest rates of uninsured drivers in the country. Statistics show that nearly 20% of drivers on Florida roads have no bodily injury insurance. This means in any given accident, there is a one-in-five chance the person who hit you cannot pay for the harm they caused.

The Insurance You Bought to Protect Yourself

You likely purchased Uninsured/Underinsured Motorist (UM/UIM) coverage for this exact scenario. It is designed to be a safety net, providing the financial resources you need for medical care and lost income when the at-fault party can’t pay.

What Are UM and UIM Claims in Plain English?

Many people confuse the two, but they are different as they cover two completely different scenarios.

Uninsured Motorist (UM) Coverage

This is insurance that pays for your injuries and related damages if you are in an accident with an at-fault driver who has no bodily injury liability insurance. 

Think of your UM coverage as a stand-in for the insurance the other driver was legally supposed to have. It covers the gap they left behind.

Underinsured Motorist (UIM) Coverage

This coverage applies when the at-fault driver has liability insurance, but their policy limits are too low to cover the full extent of your damages. 

If your medical bills and lost wages total $100,000, but the at-fault driver only has a $25,000 policy, your UIM coverage can be used to pursue the remaining $75,000.

Why Both Are Important in Florida

Florida law does not require drivers to carry bodily injury liability coverage. The state minimums are only $10,000 in Personal Injury Protection (PIP) and $10,000 in Property Damage Liability (PDL).

This legal landscape means that even if a driver is “insured” by Florida standards, they may have zero coverage for the injuries they cause you, making UM/UIM claims a frequent necessity.

How a Lawyer Removes the Roadblocks Your Insurer Puts Up

Filing a UM/UIM claim is not a simple administrative task. Here is how a dedicated car accident law firm like Steven A. Bagen & Associates, P.A. manages this process for you.

We Take Over All Communications and Stop the Pressure

The Problem: After you file a claim, you will receive calls from an adjuster asking for a recorded statement. These calls are designed to get you to say something that could be used to devalue your claim later.

Our Solution: The moment you retain our firm, we notify the insurance company. From that point on, all communication must go through us. The calls, requests, and pressure tactics stop immediately, giving you the space to focus on your health.

We Launch an Independent Investigation to Build Your Case

The Problem: The burden is on you to prove the other driver was 100% at fault and that your injuries are a direct result of the crash.

Our Solution: We handle the entire investigation. That means:

• Securing and preserving evidence like traffic and dashcam video.
• Interviewing eyewitnesses to lock in their testimony.
• If necessary, hiring accident reconstructionists to prove how the crash happened.
• Formally proving the other driver was uninsured or underinsured.

We Accurately Calculate the Full and Fair Value of Your Claim

The Problem: Insurers may offer a quick settlement that only covers your current medical bills, ignoring the long-term financial impact of a serious injury.

Our Solution: We compile a comprehensive demand package that accounts for all of your losses, including:

• All Medical Costs: Both current and projected future expenses for surgery, physical therapy, medications, and assistive devices.
• Total Lost Income: Not just the time you’ve already missed from work, but also your diminished ability to earn in the future if your injuries are permanent.
• Pain and Suffering: We work to put a fair monetary value on the physical pain, emotional distress, and loss of enjoyment of life you have experienced.

We Manage the Complex Paperwork and Strict Deadlines

The Problem: A UM/UIM claim involves a mountain of paperwork, from initial claim forms and medical authorizations to formal legal demands, all governed by the strict terms of your policy and Florida Statutes § 627.727. Missing one deadline can jeopardize your entire claim.

Our Solution: Our team manages every document and deadline. We ensure everything is filed correctly and on time, protecting your rights throughout the process.

We Negotiate from a Position of Strength

The Problem: An insurance company knows that an unrepresented individual has little leverage. They may present a lowball offer, knowing you are unlikely to have the resources or knowledge to file a lawsuit.

Our Solution: When an insurer sees you are represented by a law firm known for taking cases to trial, the dynamic shifts. They know we are prepared to reject unfair offers and litigate if necessary. This credible threat of litigation is the single most powerful tool for securing a fair settlement.

What Happens if the Insurance Company Denies Your UM/UIM Claim?

It is a deeply frustrating experience to have your own insurance company deny a claim for coverage you paid for. The good news is that denials are almost always for very specific reasons. Once we identify the issue, we work quickly to address it.

Common Reasons for Denial

• Disputing Fault: The insurer may argue that you were partially to blame for the accident. Under Florida’s comparative negligence law, your recovery can be reduced by your percentage of fault.
• Questioning Your Injuries: They might claim your injuries were pre-existing or not as severe as you state, often by having their own medical professional review your records.
• Policy Violations: They could allege you failed to meet a requirement in your policy, such as providing timely notice of the accident or cooperating with their investigation.

Your Recourse: A Bad Faith Insurance Claim

When an insurance company fails to honor its obligations to you without a reasonable basis, you may have grounds for a bad faith claim.

This is a separate legal action against the insurer for their improper conduct. It allows you to seek damages beyond your original policy limits. Our firm will evaluate your denial to determine if the insurer acted in bad faith and advise you on the steps to hold them accountable.

What Documents and Evidence Do You Need for a UM/UIM Claim?

To move your UM/UIM claim forward, you need to gather and keep certain documents from the start. Your lawyer will handle most of the process, but having this paperwork ready makes your case stronger and helps prevent delays. You’ll need:

• Police Report: This proves the crash happened and documents key facts about the accident, the parties involved, and any citations issued.
• Proof of Insurance: Both your own declarations page and any available information about the other driver’s insurance or lack of it.
• Medical Records and Bills: Every doctor’s visit, hospital stay, diagnostic test, prescription, physical therapy session, and any other medical documentation tied to your injuries. Save all receipts.
• Photos and Videos: Images of the crash scene, vehicle damage, your injuries, and any dashcam or surveillance footage.
• Correspondence with Insurers: Letters, emails, or texts between you and your insurance company or the other driver’s insurer.
• Proof of Lost Income: Pay stubs, tax returns, employer letters, and documentation showing missed work or reduced earning capacity.
• Witness Statements: Names and contact info for anyone who saw the crash, plus any written statements.

Your lawyer may also request your past medical records to establish the difference between pre-existing conditions and new injuries. Keep all paperwork organized and share everything with your attorney.

What Is the Step-by-Step Process and Timeline for a UM/UIM Claim?

Here’s what you can expect from start to finish:

1. Immediate Notification

• Notify your insurer about the accident as soon as possible—most policies require prompt notice, sometimes within 24–72 hours.
• File a police report right away, especially if the other driver fled the scene.

2. Initial Investigation

• Your lawyer obtains all accident reports, photographs, witness statements, and medical records.
• Your insurer may request a recorded statement and detailed accident information.

3. Proving Fault and Coverage

• You must prove the other driver’s fault and confirm they were uninsured or underinsured.
• For hit-and-runs, you’ll need to show there was physical contact and that you reported the crash promptly.

4. Submitting Your Claim

• Your lawyer submits a detailed claim package, including evidence of liability, medical bills, lost wages, and any documentation required by your policy.
• The insurer reviews the file and may ask for additional information.

5. Insurer Review and Negotiation

• The insurer evaluates your claim and may request an independent medical exam.
• Negotiations begin. Your lawyer pushes for a fair settlement that covers all your losses, including future medical needs and diminished earning capacity.

6. Lawsuit (if Necessary)

• If the insurer denies the claim or makes an inadequate offer, your attorney may file a lawsuit for breach of contract and, if applicable, bad faith.
• The case proceeds through discovery, depositions, mediation, and potentially trial.

Typical Timeline

• Simple UM/UIM claims may resolve in a few months if liability and damages are clear.
• Contested or denied claims can take a year or more, especially if litigation is required.
• Every claim is unique; delays are common if medical treatment is ongoing or the insurer demands more documentation.

Your lawyer’s role is to keep the process on track, protect your rights at every stage, and make sure you don’t miss any deadlines that could jeopardize your claim.

Your Policy is a Promise. We Make Sure It’s Kept.

You upheld your end of the bargain by purchasing insurance to protect yourself and your family. Now, it’s time for the insurance company to uphold theirs. You should not have to fight for the benefits you are rightfully owed while trying to heal from an injury.

Let our team at Steven A. Bagen & Associates, P.A. handle the legal fight. Call us today at (800) 800-2575 or contact us online to schedule a free, no-obligation consultation.

Frequently Asked Questions About UM/UIM Claims

Will filing a UM/UIM claim make my insurance rates go up?

Under Florida law, it is illegal for an insurer to raise your rates for filing a claim for an accident that was not your fault, which includes UM/UIM and PIP claims. An insurer cannot legally increase your premium based on that accident alone.

What if I was a passenger or a pedestrian?

Your own UM/UIM coverage typically follows you. It can cover you if you are injured as a passenger in someone else’s car, as a pedestrian, or as a cyclist when hit by an uninsured driver.

Do I have to pay a lawyer upfront to handle my claim?

No. Our firm handles car accident and UM/UIM claims on a contingency fee basis. This means you pay no upfront costs or hourly fees. We only receive a fee if we successfully recover compensation for you.