Alaska Uninsured & Underinsured Motorist Claims

What are UM and UIM coverage?

• Uninsured motorist (UM) coverage applies when the driver or owner who caused the crash has no liability insurance.
• Underinsured motorist (UIM) coverage applies when that driver has insurance, but the limits are too low to cover your losses.

Alaska requires auto liability insurance of at least $50,000 for injury to one person and $100,000 for injury to two or more people in one accident. It also requires $25,000 for property damage (AS 28.22.101(d)). A liability policy must also provide UM and UIM coverage in those amounts. AS 28.22.101(e). The required coverage does not have to include punitive damages. Id.

UM and UIM coverage protects the people insured under your policy. You make the claim with your own insurance company.

When does UIM coverage pay?

UIM coverage does not apply until the at-fault driver's liability insurance has been used up by payments, judgments, or settlements (AS 28.22.201(a)(1)). After that, your UIM coverage can pay for losses the at-fault driver's insurance did not cover, up to your UIM limits and subject to your policy's terms.

The minimum liability coverage in Alaska is $50,000 for one injured person. A serious injury can cost far more than that.

Talk with a lawyer before you accept a settlement from the at-fault driver's insurer. Your own policy may set requirements you must meet first.

What if the driver left the scene?

If neither the driver nor the owner of the other vehicle is ever identified, UM coverage can pay only if there was direct contact between the vehicles (AS 28.22.201(b)).

A vehicle and driver that left the scene of a crash are presumed to be uninsured if you report the crash to the appropriate authorities within 24 hours. Id. Call the police from the scene if you can.

What if you rejected the coverage?

An insured can reject UM and UIM coverage, but only in writing (AS 28.22.201(a)(3)). Once it is rejected, the coverage is not added to a renewal or replacement policy unless the insured later asks for it in writing. Id.

The named insured's choice to select, reject, or not buy this coverage applies to every person insured under the policy (AS 21.96.020(h)).

If your insurer says you have no UM or UIM coverage, ask for a copy of any signed rejection. We review the policy and the rejection to see whether coverage still applies.

How much coverage can you buy?

An insurer selling auto liability insurance in Alaska must offer UM and UIM coverage when the policy is first issued and at each renewal (AS 21.96.020(c)). The options must include limits equal to the liability limits you bought. Id. They must also include these higher limits when they are greater:

• $100,000 per person and $300,000 per accident.
• $300,000 per person and $500,000 per accident.
• $500,000 per person and $500,000 per accident.
• $500,000 per person and $1,000,000 per accident.
• $1,000,000 per person and $2,000,000 per accident.

The higher limits do not have to be offered on motorcycle coverage or to drivers required to file proof of financial responsibility. Id.

An insured can waive this coverage in writing, in whole or in part. An insured can also ask in writing for more coverage at any time (AS 21.96.020(e)). Check your declarations page to see what you carry.

What if more than one policy applies?

Alaska law limits combining, or stacking, UM and UIM coverage (AS 28.22.221).

• One policy, several vehicles. The most you can recover is the highest limit of any one coverage under the policy. Id.
• Several policies from one insurer in one household. The insurer may limit payment to the highest limit of any one coverage under those policies. Id.
• Policies from different insurers. The statute sets the order in which policies pay. First in line is coverage on the vehicle you were in. If you were on foot, it is a policy that names you as the insured. Id.

The coverage also has exclusions. It does not apply when you are hurt while riding in a vehicle that you, your spouse, or a relative in your household owns but did not insure under the policy (AS 28.22.231(1)). It also does not apply when you are struck by a vehicle owned by one of those people (AS 28.22.231(2)).

If your own insurer delays, underpays, or denies a UM or UIM claim without a good reason, see our page on insurance bad faith.

What should you do after the crash?

• Report the crash. Call the police. For a hit-and-run, report it within 24 hours.
• Get the other driver's information. Write down the driver's name, license plate, and insurance company.
• Get medical care. Keep every record and bill.
• Notify your own insurer. Tell your insurance company about the crash and a possible UM or UIM claim.
• Keep your policy. Find your declarations page and any coverage forms you signed.
• Talk with a lawyer before you sign anything. A release or settlement with the other driver can affect your UIM claim.

See also our pages on auto accidents, drunk driving accidents, and motorcycle accidents.

Which Alaska rules affect an injury claim?

• Filing deadline. Most Alaska injury claims must be filed within two years (AS 09.10.070). Some claims follow different rules, so call early.
• Shared fault. If you share some of the fault, your recovery is reduced by your percentage. Partial fault does not bar the claim (AS 09.17.060).
• Damages caps. Alaska limits non-economic damages, such as pain and suffering, in most injury cases. The limit is higher for severe disfigurement. The statute does not limit medical bills or lost earnings (AS 09.17.010).
• Fee shifting. The winning party in an Alaska lawsuit can usually recover part of its attorney's fees from the losing party (Alaska Civil Rule 82).

We handle most injury cases on a contingency fee. No attorney's fee unless we recover for you. Clients may be responsible for case costs, and under Alaska law a losing party may be ordered to pay part of the other side's attorney's fees and costs. See how our fees work and our guide to Alaska injury law basics.

Frequently asked questions

Sources

• AS 28.22.101 (required liability limits and UM and UIM coverage).
• AS 28.22.201 (UM and UIM coverage terms, hit-and-run vehicles, rejection in writing).
• AS 28.22.221 (more than one coverage, and order of payment).
• AS 28.22.231 (exclusions).
• AS 21.96.020 (required offers, optional limits, and waiver).
• AS 09.10.070 (two-year limit for most injury claims).
• AS 09.17.060 (comparative fault).
• AS 09.17.010 (limits on non-economic damages).
• Alaska Civil Rule 82 (attorney's fees).

This page gives general information, not legal advice for your situation.