TL;DR: Monsees & Mayer – Underinsured Motorist Claim
You can recover up to your UIM policy limit in an underinsured motorist claim, minus the at-fault driver’s liability coverage. Factors like injury severity, stacking rights, and state laws in Missouri, Kansas, and Arkansas determine how much you may ultimately receive.
When you’re injured by a driver who doesn’t have enough insurance to cover your damages, your own policy might step in. But clients often ask: “How much can I get from an underinsured motorist claim?” The answer depends on your coverage limits, stacking options, and the laws of your state.
In Missouri, Kansas, and Arkansas, underinsured motorist (UIM) claims are often the only way injury victims can recover additional compensation when the at-fault driver does not have adequate insurance limits. But navigating UIM payouts requires understanding policy language, offset rules, and negotiation strategy.
What Is An Underinsured Motorist Claim?
An underinsured motorist claim allows you to seek compensation from your own insurer when the at-fault driver’s liability insurance isn’t enough to pay for all your losses. UIM coverage is optional in some states and required in others.
“UIM coverage is like a safety net. Without it, many of our clients would be left with massive out-of-pocket losses,” explains Ryan Frazier, personal injury attorney at Monsees & Mayer.
Missouri UIM Claim Basics
Missouri does not require UIM coverage, but it may be added to the policy coverage. Policies vary significantly in how they define setoffs and whether multiple policies (stacking) can be used.
For example:
- At-fault driver has $50,000 in liability coverage
- Your UIM policy limit is $100,000
- If the UIM policy allows full recovery, you may be eligible for up to $50,000 additional.
Kansas UIM Claim Rules
Kansas law requires all drivers to carry minimum UIM coverage of $25,000 per person, $50,000 per accident. See K.S.A. § 40-284.
Stacking is typically disallowed by the policy language, but each policy is unique and must be read carefully.
Arkansas UIM Claim Structure
Arkansas allows, but does not require, UIM coverage.
Similar to Kansas, stacking of policies depends upon the language of the UIM policy.
How Much Can You Actually Recover?
Your payout depends on several key variables:
1. Your UIM Policy Limit
Most policies carry $50,000–$100,000 limits, though some clients have umbrella policies that add $250,000 or more.
2. Setoff Clauses
Insurers deduct the at-fault party’s liability payment from your UIM total. Some policies allow only partial offsets; others require full.
3. Stacking Rules
If allowed, you can combine limits from multiple vehicles on your policy. For example:
- 2 cars with $100,000 UIM each
- If stacked, up to $200,000 available
“We’ve helped clients double or triple their UIM recovery through stacking. But it depends entirely on the fine print,” says David Mayer, co-founder of Monsees & Mayer.
Example: Missouri UIM Recovery
- Injury: Fractured vertebra + surgery
- At-fault policy: $25,000
- Client’s UIM: $200,000 (stacked across two vehicles, each insured for $100,000)
- Total recovery: $25,000 + $175,000 UIM = $200,000
Example: Kansas UIM Recovery
- Injury: Torn rotator cuff + rehab
- At-fault policy: $50,000
- Client’s UIM: $50,000
- Recovery: $0 (offset = full limit match).
Do You Have to Accept the Insurer’s Offer If It’s less than Your limits?
No. UIM claims are first-party insurance claims, meaning you can bring suit against your insurer, similar to claims made against the at-fault party.
“Insurance companies often lowball UIM claims because they assume people won’t fight. That’s where legal representation changes everything,” says Bobby Thrasher, shareholder at Monsees & Mayer.
What If the Insurer Acts in Bad Faith?
Insurance companies have a legal duty to handle UIM claims fairly and in good faith. Bad faith can arise when an insurer:
- Ignores your claim or delays payment
- Misinterprets policy terms to deny coverage
- Refuses to settle without justification
You can explore how these claims fit into broader legal strategies on our car accident lawyer page and uninsured motorist info.
FAQ
How much money can I get from an underinsured motorist claim?
You can receive up to your UIM policy limit, minus what the at-fault driver’s insurance pays (depending upon policy language). Recovery may increase if stacking is allowed.
Can I file a UIM claim without a lawsuit?
Yes, but if the insurer refuses a fair offer, your attorney may recommend a lawsuit to compel fair compensation.
Is underinsured motorist coverage worth it?
Yes. It’s often the only way to make up the difference when an at-fault driver’s insurance falls short.
