Does my UIM coverage kick in after the at-fault driver's policy is maxed out? So confused

Yeah, you've basically got the right idea. I went through almost the exact same situation last year. The at-fault driver had the state minimum and my damages were way beyond that. My attorney grabbed their full limit, then we went after my own UIM. The frustrating truth is the ceiling is pretty much set by the combined policy limits unless there's something unusual going on — like if the at-fault driver has assets worth going after separately. Doesn't make it fair, but at least knowing the framework helped me feel less blindsided.

You've got the mechanics mostly right. The technical term is "stacking" the coverages — at-fault driver's bodily injury liability first, then your UIM steps in for the difference up to your own UIM limit. What matters a lot is whether your state requires the at-fault policy to be fully exhausted before your UIM carrier even has to engage. Some states are strict about that, some aren't. Your attorney will know the rules in your state, but it's a good question to ask them directly so you understand the sequencing.

Not legal advice, but you're thinking about this correctly. The combined limit scenario you described is the most common outcome in underinsured situations. That said, a good attorney will also look at whether there are any other potentially liable parties — a third driver, a vehicle owner who wasn't driving, a road condition issue — that could open up additional coverage. It's not always possible but it's worth asking your attorney if they've looked at the full picture beyond just the two drivers involved.

I used to work on exactly these kinds of claims. When your UIM claim goes to your own carrier, internally they treat it almost like an adverse claim — they're trying to protect their bottom line just like any other insurer. They will pull your recorded statement if they can, they will get an independent medical exam scheduled, and they will look hard at your treatment history for anything they can use to reduce the payout. Just be aware of that dynamic going in. Having an attorney handle all the communication with your own insurer is honestly really important.

Please don't let the insurance stuff distract you from your actual recovery. I've seen people push through PT half-heartedly because they're stressed about money and legal stuff, and they end up with longer-term issues because they didn't fully commit to the treatment plan. Keep every appointment, do your home exercises, and document everything your provider tells you about how the injury is affecting your daily life. That documentation matters both for your health AND for your claim.

This all sounds so stressful on top of already dealing with physical recovery. I'm sorry you're going through it. The fact that you're educating yourself before the conversation with your attorney is really smart — you'll get so much more out of that call if you already have a handle on the basics.

Short answer: yes, policy limits are the ceiling in most cases. The math is pretty cold. Focus your energy on making sure your attorney is documenting every single medical expense, every missed workday, every way this has affected your life — because maximizing what you recover within those limits depends heavily on how well the damages are built up. Don't leave anything on the table just because nobody asked about it.

How serious are the injuries exactly? "Still in PT" covers a really wide range. The calculus changes a lot depending on whether you're looking at something that resolves in a few months versus a permanent or long-term condition. If it's the latter, your attorney really needs to be talking to your doctors about future care projections before settling anything — because once you sign, that's it.