At-fault driver's insurer denied liability — does that unlock my UM/UIM or not?

Went through almost this exact thing last year. The other driver's insurer denied liability and my own company tried to use this same weird logic about it not counting as a 'coverage denial.' What finally moved things was I sent a formal written dispute letter to my insurer specifically citing my state's UM/UIM statute by name. Suddenly they were a lot more responsive. Don't just call — put everything in writing from here on out.

What you're experiencing is a classic delay tactic. Both sides are hoping you'll either give up or make a mistake that lets them off the hook. The moment you start accepting partial payments or sign anything, you could be waiving rights. Don't sign a single document without understanding exactly what it releases.

I used to work on the carrier side and I'll be honest with you — the distinction your insurer is drawing between 'liability denial' and 'coverage denial' is real in the technical sense, but adjusters also know it's a murky area and sometimes they use that murkiness to buy time. A liability denial absolutely can trigger UM/UIM depending on how your policy is worded and what your state law says. Pull out your actual policy declarations page and look for the exact language around what 'uninsured' means — some policies define it to include situations where the at-fault carrier refuses to pay, not just where no policy exists at all.

A few practical things worth doing right now: (1) Request the full claim file from your own insurer in writing — you're usually entitled to it. (2) Get the denial from the at-fault driver's carrier in writing if you haven't already, because 'they told me on the phone' won't cut it later. (3) File a complaint with your state's Department of Insurance if your carrier keeps stonewalling — it costs nothing and adjusters hate it. Not telling you what the legal outcome will be, just that these steps tend to get people taken more seriously.

Stop calling and start writing. Email your insurer, email the other carrier, and BCC yourself on everything. Create a paper trail that shows exactly who said what and when. If this ends up in arbitration or litigation, documentation is everything. Also — six weeks without your car is already serious damages. Don't let this drag to three months.

The fact that you have dashcam footage at all puts you in a way better position than most people in this situation. A lot of folks are fighting with zero evidence. Hang in there — the logjam usually does break eventually, especially once attorneys or regulators get involved.