The Insurance Research Council has estimated that roughly one in seven U.S. drivers is uninsured, and many more carry only state-minimum limits that don't come close to covering a serious injury. If you're hit by one of them, your recovery usually depends on your own policy.
Uninsured motorist (UM) coverage
UM coverage on your own policy pays for your injuries when the at-fault driver has no insurance, and in many states also covers hit-and-run crashes. Some states require insurers to offer it; a few require drivers to carry it. Check your declarations page for "UM" or "UMBI."
Underinsured motorist (UIM) coverage
UIM steps in when the other driver has insurance but not enough. If their policy limit is $25,000 and your damages are $100,000, UIM can cover the gap up to your own UIM limit, depending on your state's rules about "stacking" and offsets.
Other sources
- MedPay or personal injury protection (PIP) on your policy, which pays medical bills regardless of fault
- Your health insurance, which may have reimbursement rights later
- The at-fault driver personally, though collecting from someone who couldn't afford insurance is often unrealistic
- A third party: the vehicle's owner, an employer if the driver was working, or a bar that overserved a drunk driver, depending on state law
Practical steps
- Report the crash to police and to your own insurer promptly; UM claims often have notice requirements.
- Get the other driver's information even if they say they have no insurance.
- Don't settle with an underinsured driver's carrier without notifying your own insurer first; doing so can forfeit your UIM claim in some states.
A note on your own insurer
In a UM/UIM claim, your own company becomes the party across the table. They evaluate your claim the way any insurer would. Most policies include an arbitration provision for disputes.
Review your UM/UIM limits before you need them. Raising them is often inexpensive. This is general information, not legal advice.
How to read the coverage you already have
Pull up your declarations page, the summary sheet at the front of your policy. It lists each coverage and its limits.
- Look for two numbers next to UM or UIM bodily injury, such as 50/100. The first is the most paid for one person's injuries, the second the most for everyone hurt in one crash.
- Check for uninsured motorist property damage (UMPD). Where it's offered, it can cover your car when the at-fault driver has no insurance, sometimes with its own deductible.
- Note whether your policy shows stacking. In states that allow it, stacking can combine UM limits across multiple vehicles on the policy.
- Find your MedPay or PIP limits, which may pay first.
If UM or UIM is missing, find out whether you signed a written rejection. Some states require insurers to get a signed waiver before leaving it off, and a missing or defective waiver can matter. Also think beyond your own policy. A relative you live with may have coverage that extends to household members, and a car you were riding in carries its own policy. Priority rules for which policy pays first vary by state.
When the driver is gone: hit-and-run claims
Hit-and-run crashes are often handled as uninsured motorist claims, but the proof requirements tend to be stricter because nobody can be identified. Your insurer will want to see that another vehicle really caused the crash.
Call police from the scene or as soon as possible afterward. Many policies and some state laws require a hit-and-run to be reported to police promptly, sometimes within a day or so, and waiting can put the claim at risk. Then report it to your own insurer.
Evidence helps more than usual here. Photograph paint transfer, debris and the damage to your car. Ask nearby businesses and homeowners about cameras right away, since footage is often recorded over within days. Collect names and numbers from anyone who stopped.
Be careful with "miss and run" crashes, where a driver forces you off the road without touching your car. Some policies and states require physical contact for UM coverage to apply, while others accept an independent witness instead. If there was no contact, a witness statement may be the most important piece of your claim.
A realistic example
Consider a hypothetical: Jordan is broadsided by a driver who runs a stop sign. The driver has insurance, but only a state-minimum policy. Jordan's injuries include a broken wrist that needs surgery, and his bills quickly pass what that policy can pay.
His declarations page shows UIM coverage. He reports the crash to his own insurer right away.
The at-fault driver's carrier soon offers its full policy limit, an illustrative $25,000. Jordan's attorney notifies his insurer in writing of the offer and asks for consent to settle. In many states, the insurer then has a set period to respond and can either consent or pay that amount itself to preserve its right to pursue the other driver.
Once consent comes through, Jordan accepts the limit and opens the UIM claim. His insurer reviews his records like any opposing insurer would. When the two sides disagree on value, the policy's arbitration clause provides the next step.
Common questions
Does uninsured motorist coverage pay to fix my car?
Uninsured motorist bodily injury coverage does not. It covers injuries. Car damage caused by an uninsured driver usually comes through uninsured motorist property damage (UMPD) coverage, where your state offers it, or through your collision coverage, which applies regardless of fault but carries your deductible. Some states don't offer UMPD at all, so check your declarations page.
Will my rates go up if I file an uninsured motorist claim?
It depends on your state and your insurer. Many states limit or prohibit surcharges for accidents where you weren't at fault, and a UM claim by definition involves another driver who caused the crash. Insurers still weigh claims history in different ways, though. If you're concerned, ask your agent or your state insurance department how not-at-fault claims are treated where you live.
Do I need a lawyer for an uninsured motorist claim?
Not always. A small claim with minor injuries may resolve directly with your insurer. But in a UM or UIM claim your insurer is on the other side, and questions about consent to settle, stacking, offsets and arbitration can get technical. For serious injuries, many people consult an injury attorney; many firms offer free consultations.
After any hit-and-run, call police before you leave the area and ask nearby businesses about camera footage that same day.
