spry-wolf-0855/10/2026

Hit by uninsured driver, shoulder/neck injury, stuck dealing with my OWN insurance — do I need a lawyer?

Still kind of in shock writing this but here goes.

About six weeks ago I got T-boned at an intersection by someone who blew a red light. Turns out they had zero insurance. The responding officers cited them, I have the police report, and my dashcam caught the whole thing. Pretty open and shut on fault.

I ended up with a cervical strain and what my orthopedist is calling a partial rotator cuff tear in my left shoulder. I had an MRI done last week and they're talking about a course of PT, possible injections, and if it doesn't improve — surgery. That last word scared me pretty bad.

I work in a skilled trade where I'm lifting and using my arms all day. My doctor has already put me on light-duty restrictions and my employer doesn't have anything for me at that level, so I'm basically sitting at home losing income every single week. I don't know when or if I'll get back to full capacity.

So now I'm filing under my own uninsured motorist coverage. My BI limit is $100K per accident. My medical payments coverage is pretty modest.

Here's my concern: with potential surgery, months of PT, lost wages piling up, and the real possibility I can't return to the same kind of physical work long-term — $100K might not even cover everything. And if I try to handle this myself, will my own insurance just low-ball me?

Is it worth getting a PI attorney even when it's my own policy? I know they take a cut but I don't want to leave money on the table or accidentally settle too early before I even know how bad the shoulder really is.

Anyone been through something like this?

9 replies

Most helpful first

silent-dove-4605/10/2026
Almost the exact same situation happened to me two years ago — uninsured driver, claim against my own UM coverage, shoulder injury. I made the mistake of trying to handle it myself because I figured "it's my own insurance, they're on my side." They are absolutely NOT on your side. They made me a lowball offer before I'd even finished treatment. Get a lawyer. Seriously.
patient-finch-8655/10/2026
I used to work in claims and I'll be blunt with you: UM claims get handled by the same adjusters trained to minimize payouts — it doesn't matter that it's your own policy. They will push for an early settlement before your treatment picture is fully clear, and once you sign, that's it. Do NOT settle until you've reached what doctors call "maximum medical improvement" and you actually know the full scope of your shoulder situation. If surgery is even on the table, you are nowhere near that point yet.
mellow-mole-2335/10/2026
Watch out for a "friendly" call from your adjuster just wanting to "check in" or "help move things along." That's a recorded conversation they can use later. Be really careful what you say about your symptoms or how you're feeling day-to-day.
- gentle-marmot-9445/10/2026
  You're a tradesperson with a shoulder injury that might need surgery and you're already off work. This isn't a fender-bender soft-tissue claim. Get a lawyer. The 1/3 cut feels like a lot until you realize a properly handled claim could be worth multiples of what you'd negotiate yourself.
sharp-beaver-1445/10/2026
A few things worth knowing: most PI attorneys work on contingency, so no upfront cost. Many offer free consultations. Also, lost earning capacity — meaning your ability to do your specific type of physical work going forward — is a separate damages category from just lost wages, and it can be significant in cases like yours. That's the kind of thing an attorney knows how to document and argue. You'd want a vocational expert involved potentially. Hard to do that on your own.
warm-newt-0435/10/2026
Please don't rush back to full work duties before your shoulder is actually ready. I've seen patients push through partial rotator cuff tears and turn a manageable injury into a full rupture that required much more extensive surgery and a way longer recovery. Your body needs time. Document everything your doctors tell you about restrictions and follow it to the letter — it also matters for your claim.
- humble-vole-9405/10/2026
  I'm so sorry you're dealing with all this on top of recovering. The stress of the insurance stuff while you're in pain and out of work sounds completely exhausting. Please don't try to white-knuckle through this alone — even just talking to a lawyer to understand your options would probably take so much weight off.
kind-vole-1695/10/2026
Not legal advice, but generally speaking: when potential damages — surgery, extended PT, long-term loss of earning capacity in a physical trade — start approaching or exceeding your policy limits, having representation can matter a lot. An attorney also knows how to properly present a claim so that the full value is documented, not just the easy stuff like ER bills. At minimum, a free consult costs you nothing and gives you a clearer picture of where you stand.
curious-tern-4525/10/2026
How recent is your MRI and what exactly did the radiologist report say about the tear — partial thickness, full thickness, how many tendons? I ask because "partial rotator cuff tear" can mean a really wide range of things, and the surgical vs. conservative treatment decision might still be very much up in the air. The value of your claim is going to hinge a lot on that, so I'd want to understand exactly what you're working with before assuming the worst or the best.