Settlement Alerts:

$9,250,000 Defamation Case Win Against The New York Times 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

$9,250,000 Defamation & False Light 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

CALL US NOW

5-Star Google Rating•BBB Rating: A+•West Virginia State Bar•The United States District Courts for the Northern and Southern Districts of West Virginia•The Fourth Circuit Court of Appeals•The United States Supreme Court•American Association for Justice•Opioid Justice Team•Trial Lawyers Care•West Virginia Association for Justice•5-Star Google Rating•BBB Rating: A+•West Virginia State Bar•The United States District Courts for the Northern and Southern Districts of West Virginia•The Fourth Circuit Court of Appeals•The United States Supreme Court•American Association for Justice•Opioid Justice Team•Trial Lawyers Care•West Virginia Association for Justice

UM or UIM Auto Claims Lawyer in Grafton

Uninsured Motorist Protection

Guide to UM and UIM Auto Claims in Grafton

If you were injured in a crash caused by an uninsured or underinsured driver in Grafton, understanding UM and UIM coverage can be essential to recovering compensation. This page explains how uninsured motorist (UM) and underinsured motorist (UIM) claims work in West Virginia, what steps to take after a collision, and how Stephen New & Associates, a Personal Injury Law Firm serving Beckley and surrounding areas, can assist you with claims related to medical bills, lost wages, and long-term care needs. We aim to help you make informed decisions about presenting your injury claim to insurers and pursuing all available benefits under your policy.

UM and UIM claims can be complex because they involve coordination between your own insurer and the at-fault driver’s coverage or lack of it. Knowing deadlines, what evidence insurers require, and how to document ongoing medical care can affect the outcome of your claim. Our firm handles a range of injury matters including motor vehicle collisions, catastrophic injuries, and wrongful death, and we assist clients in Taylor County and throughout West Virginia. If you need to discuss a claim, call Stephen New & Associates at 304-355-5565 for a careful review of your situation and clear next steps tailored to your needs and recovery goals.

Why UM and UIM Coverage Matters in Grafton

UM and UIM coverage fills gaps when the at-fault driver has no insurance or insufficient limits to cover your losses. Pursuing a UM or UIM claim can help pay for medical care, ongoing rehabilitation, lost income, and other damages that would otherwise go unpaid. In many situations, prompt notification to your insurer and careful documentation of injuries, treatment, and expenses will improve the insurer’s ability to evaluate the claim. Guidance from a local firm familiar with West Virginia insurance practices can help you avoid common pitfalls and present a more persuasive claim for the benefits available under your policy.

About Stephen New & Associates and Our Practice

Stephen New & Associates is a Personal Injury Law Firm with roots in West Virginia that serves clients in Beckley, Grafton, and surrounding communities. The firm handles a wide range of matters, including car and truck accidents, catastrophic injury, medical malpractice, and claims for UM and UIM benefits. We focus on clear communication, careful case preparation, and pursuing fair outcomes for injured people. As part of our practice we also handle matters such as Section 1983 civil rights claims and first party property disputes, applying consistent attention to deadlines, evidence preservation, and client priorities throughout the claims process.

Understanding UM and UIM Auto Claims

Uninsured motorist (UM) coverage applies when the driver who caused your collision has no insurance at all, while underinsured motorist (UIM) coverage applies when that driver’s insurance limits are too low to cover your damages. In either scenario, your own policy’s UM or UIM coverage can provide additional funds to cover medical expenses, lost wages, pain and suffering, and other losses. Whether benefits are available depends on your policy language, any endorsements or rejections on file, and how your insurer and the at-fault party’s insurer characterize the crash and injuries. Careful review of policy provisions is essential to determine what benefits may be claimed.

Filing a UM or UIM claim typically requires timely notice to your insurer, documentation of injuries and expenses, and often a formal demand for benefits. In West Virginia, insurers will investigate liability and damages; that investigation can involve medical record review, recorded statements, and coordination with the at-fault insurer when applicable. Some claims resolve through settlement negotiations, while others require litigation if insurers dispute coverage or the value of your losses. Understanding how deadlines and policy conditions apply will help preserve your rights and improve the chance of a favorable resolution.

Need More Information?

Key Terms and Glossary for UM/UIM Claims

Uninsured Motorist (UM)

An uninsured motorist claim arises when another driver causes an accident but does not carry liability insurance to pay for the damages they caused. When you have UM coverage on your own auto policy, that coverage can step in to provide compensation for medical bills, lost income, and other eligible losses that the at-fault driver would have been responsible for. The scope of benefits depends on the language in your policy, any limits or exclusions, and whether you have made timely notice and complied with other policy conditions to preserve the claim.

Underinsured Motorist (UIM)

An underinsured motorist claim applies when the at-fault driver carries liability insurance but their policy limits are insufficient to fully compensate you for your losses. Your UIM coverage can cover the shortfall up to your policy’s limits after the at-fault driver’s insurer pays its policy limits. Recovering UIM benefits typically requires proof of the at-fault driver’s liability and a clear accounting of your damages, including medical treatment, lost earnings, and ongoing care needs. Your insurer will review the facts and may negotiate a fair amount to resolve the claim.

Policy Limits

Policy limits are the maximum amounts an insurance policy will pay for covered claims. Liability limits on the at-fault driver’s policy determine how much that insurer will pay, while your UM or UIM policy limits determine how much additional recovery may be available under your own coverage. Understanding both sets of limits helps in evaluating whether a UIM claim is necessary and how much total compensation might be available. Policy language about stacking, offsets, and subrogation can also affect the practical recovery amount for a claim.

Stacking of Coverage

Stacking refers to combining coverage limits from multiple policies or vehicles on the same policy to increase the available UM or UIM recovery. Whether stacking is allowed depends on the terms of your insurance contracts and state law. In some situations, stacking can substantially increase the benefits available to an injured person, while in other situations insurers may limit stacking by endorsement. Reviewing the specific policy language and any signed waivers or rejections is important to determine if stacking applies to your claim and how it might change the potential recovery.

PRO TIPS

Report the Accident Promptly

Notify your insurer about the accident as soon as reasonably possible and provide the facts you know, while keeping comments factual and concise. Prompt notification preserves important rights under most policies and ensures the insurer can begin its review while evidence and witness recollections are fresh. Early communication also allows your insurer to advise you about documentation needs, potential deadlines, and next steps in pursuing UM or UIM benefits.

Preserve Medical Records

Keep thorough records of all medical visits, treatments, diagnostic tests, prescriptions, and therapy related to the crash. Medical documentation forms the backbone of a UM or UIM claim because it links injuries to the collision and demonstrates the nature and extent of your damages. Ask for copies of records and bills, and organize them chronologically to make it easier to present a complete picture to insurers or, if necessary, to a court.

Document Vehicle Damage and Losses

Photograph vehicle damage, scene conditions, and visible injuries as soon as it is safe to do so, and keep repair estimates, towing receipts, and rental vehicle invoices. Documentation of property damage and related economic losses complements medical records in assessing total damages. Detailed records help ensure you claim all eligible items of loss and support a stronger, more complete demand for UM or UIM benefits during negotiations or litigation.

Comparing Legal Paths for UM/UIM Claims

When a Comprehensive Approach Helps:

Severe Injuries and Long-Term Care

A comprehensive approach is often appropriate when injuries are significant, when future medical care or rehabilitation is needed, or when ongoing income replacement will be required. In these cases a careful investigation, retained medical opinion about future needs, and detailed valuation of long-term costs can be necessary to present a complete claim. Taking time to assemble evidence and coordinate benefits ensures recovery efforts account for both present and anticipated losses so settlement offers adequately reflect long-term needs.

Multiple At-Fault Parties

When more than one party may bear responsibility for a collision, resolving claims can require careful coordination and legal analysis to maximize recovery. A full approach addresses liability options, evaluates available insurance coverage across parties, and examines whether additional defendants or insurers should contribute to compensation. This level of review helps ensure that all reasonable avenues for recovery are explored and that settlements account for the contributions of each responsible party and the limits of available policies.

When a Limited Approach May Be Enough:

Minor Injuries and Quick Recovery

A more limited approach can be appropriate when injuries are minor and unlikely to require extended care or when medical treatment is brief and clearly resolves the issue. In such cases, focusing on prompt documentation, medical bills, and a short demand to the insurer may lead to a swift resolution without prolonged negotiations. For straightforward low-value claims, a streamlined process reduces delay while still ensuring that compensation for medical expenses and short-term losses is pursued.

Clear, Low-Value Property Damage

When the primary losses are limited to obvious, low-value property damage and there is little or no injury, pursuing a quick settlement often makes sense. Documenting the damage with photos and repair estimates, submitting bills, and negotiating a straightforward property claim can resolve the matter efficiently. A limited approach focuses on practical recovery of repair costs and related out-of-pocket expenses without engaging in broader, resource-intensive valuation processes.

Common Situations That Lead to UM/UIM Claims

Hit-and-Run Accidents

Hit-and-run collisions often leave victims relying on their own UM coverage because the at-fault driver cannot be identified or located. In those situations it is important to document the scene, file a police report promptly, and notify your insurer so UM benefits can be pursued to cover medical care and other losses related to the crash.

At-Fault Driver Without Insurance

When the at-fault driver carries no liability insurance, the injured person may seek recovery through their own UM coverage. Timely notice to your insurer and organized documentation of medical treatment, expenses, and lost income support a stronger claim for available UM benefits under your policy.

Underinsured Driver with Low Limits

If the at-fault driver’s liability limits are insufficient to cover your full losses, UIM coverage can make up the difference up to the limits on your policy. Demonstrating the total value of your damages and the shortfall from the at-fault insurer’s payment is important when presenting a UIM demand.

Grafton UM and UIM Claims Attorney

Why Choose Stephen New & Associates for UM/UIM Claims

Stephen New & Associates brings focused attention to UM and UIM claims for people in Taylor County and across West Virginia. The firm handles a broad range of injury matters including car and truck accidents, spinal cord injury, traumatic brain injury, and wrongful death, and it works to assemble medical records, billing, and other documentation needed to present a strong claim. Clients benefit from timely communication, clear explanations of process and deadlines, and practical approaches that aim to secure appropriate compensation under the terms of their insurance policies.

Our approach includes reviewing your auto policy, identifying available UM or UIM benefits, and pursuing negotiations with insurers while protecting your rights. We assist in coordinating care records, documenting ongoing needs, and explaining how liability and policy limits affect recovery. If negotiations do not resolve the matter, we will explain litigation options and next steps. To discuss your claim and learn how to preserve important rights, call Stephen New & Associates at 304-355-5565 for a thoughtful review of your situation.

Contact Stephen New & Associates About Your UM/UIM Claim Today

People Also Search For

UM UIM claims Grafton WV

uninsured motorist claim West Virginia

underinsured motorist coverage Taylor County

UM UIM insurance claims Grafton

UIM claim process WV

UM UIM claims Beckley and Grafton

auto insurance dispute West Virginia

underinsured motorist benefits Grafton

Related Services

FAQS

What is an uninsured motorist (UM) claim?

An uninsured motorist (UM) claim is a request for benefits under your own auto insurance policy when the at-fault driver has no liability coverage. Your UM benefits can apply to medical expenses, lost wages, and other compensable losses that the at-fault driver would otherwise have been responsible to pay. To pursue such a claim you must notify your insurer, provide required documentation, and comply with policy conditions. The insurer will investigate the crash to confirm the lack of at-fault insurance and evaluate damages. Maintaining organized medical records and a police report helps support your claim, and consulting with an experienced local attorney can clarify policy terms, potential limits, and steps to preserve your rights during the claim process.

How does underinsured motorist (UIM) coverage work in West Virginia?

Underinsured motorist (UIM) coverage provides benefits when the at-fault driver has liability insurance but the policy limits are inadequate to cover your full losses. After the at-fault insurer pays its limits, your UIM coverage may cover the shortfall up to your policy limits, subject to policy language and any offsets. The process typically requires demonstrating liability, the at-fault insurer’s payment, and your total damages. Policy terms, such as whether limits can be stacked or whether offsets apply, will affect recovery. Careful review of your insurance contract and documentation of medical costs and other losses are essential to present a persuasive UIM demand and evaluate the full amount potentially available under your coverage.

When should I file an UM or UIM claim after a crash?

You should notify your insurer as soon as reasonably possible after a crash to preserve UM or UIM rights under most policies. Prompt reporting allows the insurer to begin its review and preserves evidence while witnesses and records are fresh. Simultaneously begin collecting medical records, photos, and police reports to support your claim and follow your doctor’s treatment recommendations to document injury and recovery. While there may not be a legal requirement to file a claim on day one, delays can complicate investigations and weaken your position. If there are questions about deadlines or policy notice provisions, seek guidance to make sure you meet all procedural requirements and maintain the strongest possible claim posture.

What damages can I recover in a UM/UIM claim?

UM and UIM claims commonly seek compensation for medical expenses, both past and reasonably anticipated future care, lost income and diminished earning capacity, pain and suffering, and sometimes property damage where applicable. The total damages recoverable depend on the extent of injury, the supporting medical evidence, and how the insurer values non-economic harms. Documenting the full scope of losses with bills, records, and expert opinions when necessary supports a fuller recovery. Economic losses like medical bills and wage statements are often easier to quantify, while non-economic damages such as pain and suffering require persuasive demonstration of impact on daily life. Presenting thorough, organized evidence increases the likelihood of an insurer recognizing the full value of your claim.

Will my own policy rates go up if I file a UM/UIM claim?

Filing a UM or UIM claim does not automatically mean your own policy rates will increase; rate changes depend on your insurer’s practices and whether the insurer considers you at fault for an accident in its underwriting decisions. Since UM and UIM claims involve benefits from your own policy due to another driver’s lack of coverage or insufficient limits, insurers evaluate each matter individually. Keep records of communications and ask your insurer about potential premium impacts before or during the claim process. If you are concerned about rate changes, you can discuss options with your insurer and seek guidance about coverage alternatives for future protection. In addition, careful presentation of facts and documentation can reduce disputes that might otherwise complicate claims handling and later underwriting assessments.

How long do I have to file an UM or UIM claim in West Virginia?

Time limits for bringing lawsuits related to UM or UIM claims in West Virginia are governed by state statutes of limitations, which generally require prompt action to preserve legal rights. Even when you initially file a claim with your insurer, preserving evidence and meeting any contractual notice provisions is important. Missing statutory or contractual deadlines can jeopardize your ability to recover benefits through litigation if negotiations fail. Because timelines can vary depending on the nature of the claim and policy language, it is wise to seek an early review of deadlines that apply to your situation. Prompt documentation and timely steps to protect your claim help ensure you remain within required timeframes for both insurance and court actions.

What if the at-fault driver fled the scene?

When the at-fault driver flees the scene, filing a police report quickly is essential because it documents the incident and supports a UM claim under your own policy. A prompt report helps establish that the accident occurred and provides official records that insurers typically require. Collect any available evidence such as witness contact information, photos of the scene, and surveillance footage if available. With those records, you can pursue benefits under your UM coverage while law enforcement investigates. Reporting the crash to your insurer and preserving medical documentation are important early steps to secure benefits in hit-and-run scenarios where identifying the other driver is difficult or impossible.

Can I negotiate with my insurer on a UM or UIM claim?

Yes, you can and should negotiate with your insurer on a UM or UIM claim. Presenting a well-documented demand package with medical records, treatment plans, billing information, and a clear explanation of lost earnings and daily impacts strengthens your negotiating position. Insurers often evaluate both liability and damages, so evidence that links injuries to the crash and quantifies losses is central to meaningful negotiations. If negotiations stall or the insurer denies coverage, document all communications and consider further steps including appraisal, dispute resolution under the policy, or legal action. Having a local attorney review the insurer’s position and settlement offers can help you understand whether the insurer’s evaluation is reasonable and what additional steps may be appropriate.

What documents will help my UM/UIM claim?

Helpful documents for a UM/UIM claim include the police report, medical records and bills, diagnostic test results, therapy and rehabilitation notes, employer statements of lost wages, photographs of injuries and vehicle damage, and repair estimates. Witness statements and any available video or surveillance footage also strengthen a claim. Keep copies of correspondence with insurers, medical providers, and repair shops to present a complete record of losses and treatment. Organizing records chronologically and summarizing key expenses and treatment milestones makes it easier for insurers to evaluate the claim. A clear, complete file reduces delays and supports a persuasive demand for all recoverable damages under your policy.

How much does it cost to pursue a UM/UIM claim?

Many UM and UIM claims are handled on a contingency fee or similar arrangement where you pay attorney fees only if there is a recovery, but fee arrangements can vary by firm. Discuss fee structure, costs advanced for litigation, and how expenses will be handled before proceeding so there are no surprises. Understanding the payment approach helps you decide whether pursuing a claim is financially sensible based on potential recovery and out-of-pocket needs. If litigation becomes necessary, there may be additional costs for depositions, expert reports, and court filing fees. A clear written fee agreement at the outset can explain how fees and costs are deducted from any recovery and what services are included so you can make an informed decision about moving forward.

All Services in

Explore our complete legal services