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UM/UIM Claim

When the Company You Pay Is the One Fighting You

Uninsured and underinsured motorist claims have a structural oddity people rarely anticipate: the company that has been on your side is now the party deciding what your injury is worth, and paying it out of its own pocket.

The relationship changes without being announced

Nothing in the correspondence says you are now adverse. But recorded statements, medical authorizations and examinations start arriving framed as routine cooperation, and the same valuation tactics used by any liability insurer apply — because that is functionally what your carrier now is.

You still owe cooperation, within limits

Your policy requires reasonable cooperation, and refusing it creates real risk. That is different from accepting demands of unlimited breadth. Respond in writing, provide what is reasonably required, and record what was asked and when.

The duty runs both ways

Because this is a first-party claim, your insurer owes you good faith in handling it. Unreasonable delay, an unreasonable denial, or a valuation with no defensible basis is not merely a hard bargain — it may be actionable, and what it is worth depends on your state.

What you can do about it depends on your state

This describes the denial itself, which works much the same everywhere. Whether you can sue under a statute, what you can recover, and how long you have differ sharply — choose the state where your policy was issued.

Common questions

Why is my own insurance company fighting me?

Because a UM/UIM claim is paid from its own funds, which puts it in the same position as any liability insurer. The difference is that it still owes you a duty of good faith.

Do I have to give them a recorded statement?

Your policy likely requires cooperation, so get advice rather than simply refusing. There is a difference between cooperating and accepting demands of any breadth.

Is this what happened to you?

A free, confidential review can tell you whether the denial holds up — no cost, no obligation.

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General information, not legal advice. Insurance law differs by state and every policy is different.