Marathon Law Group

Uninsured or Underinsured Motorist: Understanding Your Legal Options

Written by

Marathon Law Group

Published on

June 28 , 2024

Read time

5 minute read

The rise in the rate of people driving in Nevada without sufficient, valid, and/or active auto insurance poses a significant challenge for drivers. According to a recent report by the Congressional Budget Office (CBO) published by Reuters, the number of uninsured individuals is expected to increase by 8.9% over the next decade.

This trend has profound implications for road safety and financial security. For law firms specializing in personal injury and auto accidents, understanding the intricacies of uninsured and underinsured motorist cases is crucial in providing effective legal counsel to clients.

The Implications of Increasing Uninsured Rates

The anticipated rise in folks driving without auto insurance has several implications. Firstly, it increases the financial risk for insured drivers involved in accidents with uninsured or underinsured motorists.

Without adequate insurance coverage, victims may find it challenging to receive compensation for medical bills, property damage, and other associated costs. This scenario underscores the importance of the victim’s uninsured and underinsured motorist coverage (UM/UIM) as a critical aspect of their own auto insurance policies.

Uninsured Motorist Coverage Explained

Uninsured motorist coverage is designed to protect drivers when they are involved in an accident with a motorist who lacks adequate insurance. This coverage can include:

  • Bodily Injury: Covers medical expenses, lost wages, and other injury-related costs.
  • Property Damage: Covers repairs to your vehicle and other property.

Underinsured Motorist Coverage

Underinsured motorist coverage comes into play when the at-fault driver’s insurance is insufficient to cover the damages incurred. This type of coverage bridges the gap between the compensation provided by the at-fault party’s insurance and the actual expenses incurred by the victim.

The Legal Landscape for Law Firms

The rise in uninsured motorists necessitates a robust approach to handling UM/UIM cases. Here are several key areas where legal expertise is vital:

  1. Policy Review and Interpretation
  •  Understanding the nuances of auto insurance policies is critical. At Marathon, our lawyers thoroughly review our clients’ policies to identify the scope of coverage and any potential limitations.
  1. Claims Process Navigation
  •  Navigating the claims process for UM/UIM coverage can be complex. Marathon lawyers will assist in filing claims, negotiating with insurance companies, and ensuring that your rights are protected.
  1. Litigation
  • In cases where insurance companies deny or undervalue claims, litigation may be necessary. Marathon lawyers are experienced, they advocate for their clients in court while aiming to secure fair compensation.
  1. Educating Clients
  •  Many drivers are unaware of the importance of UM/UIM coverage. At Marathon, our lawyers play an educational role, advising clients on the benefits of comprehensive insurance coverage and helping them understand their policy options. Many times, we have repeat clients who are thankful for this advice. So, when and if they are hurt again by someone else, they can fall back on their own UM/UIM coverage without penalty to their own policy.

Case Study: The Impact of Uninsured Motorists

Consider a hypothetical case where a client is involved in a serious accident caused by an uninsured driver. The client suffers significant injuries and faces substantial medical bills, along with lost income due to inability to work. In this scenario, having uninsured motorist coverage can be a lifeline, ensuring that the client receives the financial support needed for recovery.

Challenges in UM/UIM Cases

Despite the benefits of UM/UIM coverage, there are several challenges that a case may encounter:

  1. Proving the Uninsured Status
  • Establishing that the at-fault driver is uninsured or underinsured can be difficult. Our lawyers gather substantial evidence to become aware of the landscape.
  1. Insurance Company Tactics
  • Insurance companies may employ various tactics to minimize payouts. We are vigilant and prepared to counteract these strategies effectively.
  1. Complex Legal Procedures
  • The legal procedures involved in UM/UIM cases can be intricate. Detailed knowledge of state laws, contract law, and insurance regulations is essential to navigate these complexities.

Strategies for Effective Legal Representation

To effectively represent clients in UM/UIM cases, we require the following:

  1. Comprehensive Client Interviews
  • Conduct thorough interviews with clients to understand the details of the accident, the extent of injuries, and the impact on their lives. This information is crucial for building a strong case.
  1. Expert Consultations
  • Collaborate with medical and accident reconstruction experts to provide detailed assessments of injuries and accident dynamics. Expert testimony can strengthen the client’s case.
  1. Aggressive Negotiation
  • Engage in aggressive negotiation tactics with insurance companies to secure fair settlements. Being well-prepared and assertive can lead to better outcomes for clients.
  1. Litigation Readiness
  • Always be prepared to take the case to court if necessary. Demonstrating a willingness to litigate can often prompt insurance companies to offer more reasonable settlements.

The Role of Preventive Legal Advice

Beyond representing clients in UM/UIM claims, Marathon also offers preventive legal advice. Educating clients about the importance of UM/UIM coverage and advising them on the best insurance options can help mitigate the financial risks associated with uninsured motorists.


Less insurance may mean more UM/UIM claims for those who are injured by someone else. The projected increase in uninsured motorists fuels a growing challenge for drivers and underscores the importance of uninsured and underinsured motorist coverage.

For clients, this trend highlights the need for a lawyer with expertise in handling UM/UIM cases. By understanding the complexities of these cases and adopting effective strategies, Marathon lawyers ensures that their clients receive the compensation they deserve. Please contact us if you have been injured in a crash.

Marathon Law Group


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