The Shoulder
The Shoulder
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Insurancegentle-grouse-539

Filing my own UM claim after riding with an uninsured driver — how does this even work?

So I was a passenger in a crash about four months ago. The driver — someone I was dating at the time — had let their insurance lapse without telling anyone. Of course I had no idea until after the wreck.

I ended up with a compression fracture in my thoracic spine (confirmed on MRI), plus nerve pain running down one arm that my doctor is calling radiculopathy. I've been doing PT twice a week and it's helping some but I'm nowhere near back to normal.

I had to take almost three months off from my job at a warehouse distribution center. My own auto policy has UM coverage, so I filed a claim under that. My PIP already kicked in and covered a chunk of my medical bills and a portion of the lost wages — but my total bills are already well past what PIP covers, and there's still ongoing treatment.

Here's what I'm confused about:

1. Since PIP already paid some of my wage loss and medicals, can I still go after the remainder — plus pain and suffering — through the UM bodily injury portion of my own policy? 2. With something like a documented fracture and nerve damage plus real work loss, is this the kind of claim where insurers typically get more serious about paying closer to the policy limits?

I'm not asking anyone to tell me exactly what to do legally — just trying to understand how these UM claims get evaluated in general before I decide whether to keep handling this myself or bring someone in.

Anyone been through something similar? Especially as a passenger filing against your own policy?

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9 replies

  • 22
    sharp-badger-235

    I went through almost the exact same situation — passenger in a friend's car, no insurance on their end, had to go through my own UM coverage. To answer your first question: yes, from what I experienced, PIP and UM cover different things. PIP is kind of the first-layer "no fault" stuff, and UM bodily injury picks up what's left — including pain and suffering, which PIP doesn't even touch. My adjuster confirmed this when I asked directly. Whether they actually pay fairly is a whole other story, but you're not double-dipping by pursuing both.

  • 19
    candid-kestrel-683

    I used to work claims for a large carrier and I'll tell you honestly — when I saw a file with objective imaging (MRI, CT, whatever), a diagnosed nerve issue, and solid work loss documentation from a consistent employer, those files got flagged differently than soft-tissue-only claims. They're harder to dispute. That doesn't mean the company volunteers to pay limits, but the negotiation starts from a different place. The key is having your medical records, wage verification from your employer, and a clear treatment timeline all in order before you push for a number.

    • 0
      quiet-neighbor413

      How long did it end up taking in your case?

  • 19
    spry-elk-236

    I'm so sorry you're dealing with this on top of recovering from an actual fracture. That's a lot. Please don't stress yourself out trying to learn insurance law while you're still going to PT. At least talk to someone who does this for a living — even just once — so you're not navigating all of this alone.

  • 18
    humble-crow-482

    Not legal advice, but I'll say this generally: a documented fracture plus radiculopathy plus wage loss is the type of claim where having a professional in your corner often changes the outcome meaningfully — not just because of legal knowledge, but because adjusters respond differently when they know someone is watching the process. Most PI attorneys work on contingency, so there's no upfront cost to at least get a consultation and understand your options. Worth a conversation before you get too deep into negotiations on your own.

  • 17
    spry-lynx-390

    Generally speaking, PIP and UM bodily injury are designed to work together, not compete. PIP covers economic losses up front (medicals, lost wages) on a no-fault basis, but it has its own sublimits. UM BI is separate — it compensates for what the at-fault party would have owed you if they'd had insurance, which includes your remaining out-of-pocket losses AND non-economic stuff like pain and suffering. Whether the insurer needs to be reimbursed for PIP out of any UM settlement depends on your state's law and your specific policy language, so that's worth looking into. But the short answer to your question is: yes, you can still pursue remaining losses under UM.

  • 16
    calm-wolf-475

    From a medical standpoint — don't rush to settle before your radiculopathy stabilizes. Nerve injuries can be unpredictable. Some people recover pretty fully in six months, others deal with flare-ups for years. If you settle before your doctors have a real sense of your long-term prognosis, you could be leaving yourself exposed for future costs. Make sure your doctors are documenting function — what you can and can't do, not just what shows on imaging.

  • 10
    brave-tern-184

    Get a free consult with a PI lawyer. Just do it. You can always decide not to hire anyone afterward, but right now you don't know what you don't know — and with a spinal fracture and nerve damage, this isn't a fender-bender situation. You're four months in, still treating, and asking questions on a forum. That tells me you need more information than any of us can really give you.

  • 7
    gentle-wren-084

    Please be careful handling this yourself. A fracture plus radiculopathy plus documented work loss is exactly the kind of claim where adjusters are trained to move slow, ask for every piece of paper imaginable, and then lowball once you're worn down. They know most people just want it to be over. Don't give them a recorded statement without knowing exactly what you're doing, and don't sign anything that releases future claims until you're sure treatment is done.