UM/UIM Disputes

Uninsured and underinsured motorist (UM/UIM) coverage is the most important piece of an auto insurance policy that most people never think about — until they need it. When the at-fault driver doesn’t have insurance, or doesn’t have enough insurance, your own UM/UIM coverage is supposed to step in. But UM/UIM claims are also where insurance companies fight hardest, because they’re paying their own insured. At Maples, Connick & Brendel, we know exactly how those fights work.

How UM/UIM Coverage Works

UM coverage pays when the at-fault driver has no insurance at all (or fled the scene). UIM coverage pays when the at-fault driver’s policy limits aren’t enough to cover your damages. In Louisiana, UM/UIM coverage is required to be offered on every auto policy, and the rejection of that coverage has to be done with a very specific form — a defective rejection means you have coverage even if you thought you didn’t.

McDill Tender and Penalty Demands

Louisiana has a unique procedure called a “McDill tender.” When your insurer knows benefits are owed but disputes the amount, it’s required to “tender” the undisputed portion within 30 days. Failing to do so can expose the insurer to penalties of up to 50% of the amount owed, plus attorney’s fees. Whether to demand a McDill tender — and when — is a strategic decision that can dramatically increase the value of a UM/UIM case.

UM Stacking and Multiple Policies

If you or a family member has more than one auto policy, you may be able to “stack” UM/UIM coverage across vehicles or policies. Stacking rules vary by state and by policy language, and insurers routinely tell policyholders that stacking isn’t available when in fact it is. We review every applicable policy to find every dollar of available coverage.

Common UM/UIM Disputes

• Whether UM/UIM was validly rejected or selected at lower limits
• Whether the at-fault driver was truly “uninsured” or “underinsured”
• The full value of your medical bills, lost wages, and future care
• Whether passengers, family members, or permissive users are covered
• Setoffs and credits the insurer claims against your recovery
• Whether multiple policies can be combined or stacked

Talk to a UM/UIM Attorney

If you’ve been hurt in a crash and your own insurance company is the obstacle, call 504-269-3870. Consultations are free and confidential. Learn more about how we handle these cases on our Insurance Disputes page.