If you’re in an auto accident caused by someone who either has no insurance or has insufficient coverage to pay for your costs and damages, then uninsured and under-insured motorist (UM/UIM) coverage is the only protection you have. A personal injury attorney cannot help you recover compensation that simply isn’t there.

Alabama state law requires drivers to maintain minimum liability and UM/UIM coverages ($25,000 per person, and $50,000 in the aggregate). However, there is a caveat in the law that states an insured can expressly waive their right to UM/UIM coverage. This is a complete and utter failure on behalf of the state legislature. 

UM/UIM coverage is relatively cheap and can mean the difference between recovering some compensation and recovering nothing in cases where a negligent, at-fault driver without insurance or with no insurance caused you bodily harm.

I have strong feelings about UM/UIM coverage because I have seen so many of our clients affected by their choice to either maximize their UM/UIM coverages or, devastatingly, to waive that coverage. 

Image that you are broadsided by someone who ran a red light. Imagine that this driver is driving with a suspended license and has no insurance. You are hospitalized with serious injuries, use all your medical leave, cannot go to work for weeks, and the medical bills begin to rack up. Now, let's imagine that you have adequate UM/UIM coverage on your policy. Your insurer and your UM/UIM coverage will now "step into the shoes" of the at-fault party and provide an avenue of recovery for you. But if you don’t have that coverage? Total roadblock ahead.

What is adequate coverage? Well, that depends on you, your income, your lifestyle, etc. The state mandated minimum in UM/UIM coverage is $25,000 per person or $50,000 per accident. This is not enough for the vast majority of folks facing a serious car accident injury. I would, personally, not want this minimal coverage. That is the "failure" I mentioned by our state legislature. These limits need to be raised, or in my opinion, even doubled. A good policy to me would provide at least $100,000 in both liability and UM/UIM coverage.

If you are not sure if you have UM/UIM coverage on your policy, I encourage you to immediately call your agent and ask if you have this coverage. You may also request a copy of your auto policy. Your coverages should be clearly listed on the policy declarations page. If you only have state minimally required coverages—or none—please strongly consider raising your policy limits. Again, increasing your UM/UIM coverages is relatively cheap, but could mean the world when dealing with an uninsured or under-insured at-fault party after an accident.