You’re driving through Athens, Huntsville, or Decatur — maybe on your way to work or picking up your kids. Out of nowhere, another car crashes into you. In an instant, your life is up-ended. Your vehicle is wrecked. You’re hurt. Then, you get even worse news: the driver who caused the wreck has no insurance.
It’s not a rare scenario. Alabama has one of the highest rates of uninsured drivers in the nation. And many others on the road carry only the bare minimum coverage — often not enough to pay for even a simple ER visit. So, what happens if the other driver is uninsured or underinsured? Can you still get your medical bills paid and recover financially?
At Blackwell Law Firm, we’ve helped many clients through this exact situation. Here’s what you need to know.
Alabama’s Uninsured Driver Problem
Alabama law requires drivers to carry liability insurance. But just because it’s the law doesn’t mean people follow it. According to the Insurance Research Council in a 2019 study, almost 20% of Alabama drivers are uninsured — one of the highest percentages in the country. That means, some of the drivers around you on our highways may have NO liability insurance to cover any injuries or damage they cause.
It’s not just uninsured drivers. Even when drivers have insurance, they may carry only the minimum required by law:
- $25,000 per person for bodily injury
- $50,000 per accident total
- $25,000 for property damage
These amounts don’t go far. A serious injury can result in tens of thousands in medical bills, not to mention lost wages, future care, or pain and suffering. If the other driver only has the minimum insurance liability amount of $25,000, it is not enough for any significant injury. In our work, we regularly see injuries where even $100,000 in coverage is not enough — let alone $25,000.
Your Protection: UM / UIM Coverage
What happens if the at-fault driver has no insurance — or not enough? This is where Uninsured/Underinsured Motorist coverage (UM/UIM) comes into play.
UM coverage protects you when the at-fault driver has no insurance at all. UIM coverage applies when the at-fault driver has some insurance, but it’s not enough to cover your damages.
In Alabama, insurers must include UM/UIM coverage in your policy unless you reject it in writing. If you’ve never signed a waiver, there’s a good chance you have it. It is absolutely heartbreaking to see situations where someone suffers major injuries from an underinsured driver but has no UIM coverage because they waived it. Don’t do it. This coverage is some of the least expensive and most important you can purchase! It is so important to protect you and your family from tragedy.
At our law firm, we regularly review auto policy coverage for people. We are happy to review your coverage and answer your questions. This coverage is your best defense against irresponsible drivers.
How UM / UIM Coverage Works
Imagine this: You’re hit by a driver with Alabama’s minimum $25,000 liability coverage. But your total medical expenses and lost wages amount to $75,000. In many situations, it is much, much worse.
If you have $100,000 in UIM coverage, you could potentially recover the full remaining $50,000 from your own insurance — after the at-fault driver’s insurer pays out their $25,000 limit.
But there’s a catch: Your insurer doesn’t just hand you that money. You still have to prove liability, your injuries, and damages — just like in a regular personal injury claim. And your insurer may fight you every step of the way. That’s why it’s always important to prepare your claim for its maximum recovery with a skilled attorney.
Why These Cases Require A Skilled And Experienced Lawyer
Most people assume their own insurance company will treat them fairly. Unfortunately, that’s not always true — especially when it comes to UM/UIM claims.
In fact, these cases often become as adversarial as claims against the other driver’s insurer. Your company may:
- Deny that your injuries are serious
- Argue that you were partially at fault
- Dispute the value of your claim
- Delay or underpay your compensation
That’s why having an experienced personal injury lawyer — one who regularly handles UM/UIM claims — is essential. What’s more, you must follow certain procedures to access UM / UIM coverage. Without experienced counsel who understands these procedures, your potential recovery could be lost.
At Blackwell Law Firm, we investigate liability, gather medical and wage documentation, coordinate with your doctors, and fight to recover every dollar you deserve. And, we understand the rules and procedures necessary to protect you and your right to valuable UM / UIM coverage.
Protect Yourself BEFORE A Wreck Happens
The best time to prepare for an uninsured driver isn’t after a crash — it’s before. It’s heart-wrenching to tell people that they waived UM / UIM after a tragic accident. If I can help people get the coverage they need before a crash, I welcome the opportunity. Here are some important steps you should take:
Here are 5 smart steps:
- Check your insurance policy — Make sure you have UM/UIM coverage. If you need help reviewing your auto policy, call Blackwell Law Firm. I’ll look at your policy coverage and provide advice. Our consultations are always free and confidential.
- Buy more than the minimum — We recommend at least $100,000, preferably more. This coverage is among the most important and least costly you can buy.
- Avoid signing away UM/UIM — Never waive it to save money. Never. Never. Never. It’s some of the best protection available.
- Consider stacking — In Alabama, if you insure multiple vehicles, you may be able to “stack” UM/UIM policies to increase your coverage. I’m always surprised that so many lawyers (who don’t really handle these claims) fail to understand you can stack up to three vehicle coverages in Alabama. For example, if you have $50,000 in UM / UIM coverage but three vehicles on your policy, you can “stack” them — you really have up to three times the amount in coverage (or $150,000 in my example here).
- Talk to your lawyer early after a wreck — Even if the other driver seems insured, issues often arise later. A lawyer can preserve your rights and avoid critical mistakes. If you don’t follow the proper procedures, you might be prevented from recovering valuable UM / UIM coverage. That’s why these claims really need skilled and experienced counsel.
What About Medical Bills — And All The Other Damages?
When a negligent or reckless driver causes a crash — especially one without enough insurance — the financial toll can be overwhelming. But your damages don’t stop at medical bills. They often include:
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Emergency room and hospital care
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Follow-up treatment, surgery, or physical therapy
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Prescription medications and medical equipment
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Lost wages or inability to return to work
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Pain and suffering
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Mental anguish or trauma
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Permanent disability or scarring
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Loss of enjoyment of life
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Out-of-pocket expenses (transportation, home help, etc.)
In a UM/UIM case, your goal is to recover for all of these losses — just as you would if the at-fault driver had adequate insurance. But here’s where it gets tricky: your own insurance company now steps into the shoes of the at-fault party. And that means they will often challenge your damages, even when they’re clearly documented.
How We Help Maximize All Categories of Compensation
At Blackwell Law Firm, we treat UM/UIM claims just like we would any other serious personal injury case. That means:
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Building a strong liability case to show the uninsured / underinsured driver was at fault.
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Working with your doctors to obtain detailed medical records, narratives, and future care needs. At the Blackwell Law Firm, we have years of experience working with physicians and preparing physician testimony to prove your case.
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Collecting wage and employment documentation to prove time missed from work or lost earning capacity. When our clients suffer long-term job or employment issues due to their injuries, we engage the vocational experts needed to recover all their damages. Our lawyers have worked with vocational experts in court over the course of decades. Very few lawyers have this extensive experience.
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Detailing pain and emotional toll — using both medical documentation and your personal testimony. Our lawyers have years of experience working closely with our clients to tell their compelling stories.
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Presenting a full picture of your life before and after the wreck. We believe every case is personal and unique. You need an attorney who will tell your unique story.
We also help you coordinate how medical bills are paid while the case is pending. That might involve:
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Using your health insurance or MedPay.
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Negotiating with medical providers through agreements that delay billing until your case is resolved.
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Avoiding unnecessary or inflated charges that can eat into your final recovery.
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Warning you about third-party funders or questionable provider arrangements that are not client-friendly — a tactic we’ve seen from some “settlement mill” firms.
Why This Matters
When you’re recovering from a serious wreck, you need more than just someone to file paperwork. You need an advocate who understands how to document every type of damage, communicate effectively with your insurer, and fight for the full amount you’re entitled to — not just a quick check. You need an advocate who can tell your story in court when required.
Too often, injured people walk away with far less than they should, simply because the claim wasn’t prepared correctly or their lawyer didn’t press for full value.
We don’t let that happen.
The Bottom Line: Don’t Pay For Someone Else’s Negligence
If an at-fault driver crashes into you, it shouldn’t matter whether they bought insurance. You should protect yourself from an uninsured driver so that you can still recover — for your medical bills, your time off work, your pain, and all your other damages. UM / UIM coverage is your safety net. But, if seriously hurt, you’ll need help to use it fully and correctly.
At Blackwell Law Firm, we’ve handled countless uninsured and underinsured motorist claims across northern Alabama. We know how to prepare a case for the maximum compensation from all available sources. We only focus on personal injury cases so we can be the best possible lawyers for our clients. If you need help, we’re here for you. If you’ve been hurt by an uninsured driver, don’t wait. Call us for a free consultation today.
(256) 261-1315
