Hit by an uninsured driver: how UM and UIM claims work

How common uninsured drivers are#

The Insurance Information Institute publishes estimates from the Insurance Research Council, which compares claims made by people hurt by uninsured drivers with claims against insured drivers. By that measure, 15.4% of drivers were uninsured in 2023, up from 12.4% in 2017. The rate varies a lot by state:

Find your state's rules and deadlines in the state-by-state guide.

UM and UIM: what each one covers#

Uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary pays for your injuries, and in some states your car damage, when the at-fault driver has no liability insurance. In many policies it also covers hit-and-run drivers who cannot be identified; our hit-and-run guide explains the extra conditions some states set. Texas also treats a driver whose insurer is insolvent and cannot pay as uninsured.

Underinsured motorist coverage pays when the at-fault driver has some insurance, but not enough. States define "not enough" differently:

• Texas compares the at-fault driver's limits with the UIM limit on your own policy. The driver is underinsured if their limits are lower than yours.
• Washington compares the at-fault driver's limits with the damages you are legally entitled to recover.

Which states require UM coverage#

The Insurance Information Institute counts 20 states and the District of Columbia with mandatory uninsured or underinsured motorist requirements. In many other states, insurers must offer the coverage and you can turn it down, often in writing; in a few it is simply optional. Some examples:

If you are not sure whether you have UM coverage, your policy's declarations page lists every coverage and its limits. If UM is missing, ask your insurer whether a rejection form was signed.

How an uninsured motorist claim works#

A UM claim is a first party claimFirst-party claim. A claim you make to your own insurance company under your own policy, such as a PIP or collision claim. Glossary: you claim under your own policy. But your insurer steps into the shoes of the uninsured driver. You generally have to show that the other driver was at fault and uninsured, and prove your injuries and losses, much as you would against the other driver's insurer.

1. Confirm the other driver was uninsured. The police report, the driver's own statement, or a denial letter from the insurer they named can show it.
2. Notify your insurer in writing. Do it promptly and keep a copy. Your policy sets notice and cooperation duties, which may include a recorded statement or a medical exam.
3. Send proof of your losses. Medical records, itemized bills, proof of lost pay and photos.
4. For UIM, deal with the at-fault driver's insurer first. Before you accept their policy limits or sign a release, read your own policy: it may require you to tell your insurer first.
5. Negotiate, and use the dispute process if needed. In California, disagreements are decided by agreement between you and your insurer or, if you disagree, by arbitration. Other states and policies use arbitration or a lawsuit.
6. Watch the deadlines. In California, within 2 years of the crash you must sue the uninsured driver, settle with your insurer or formally start arbitration. Your state's lawsuit deadline also applies; check it with our deadline lookup.

Your insurer generally owes you a duty of good faith in handling the claim. If it delays or denies a valid claim without a reasonable basis, many states allow extra remedies for bad faithBad faith. An insurer's unreasonable refusal or delay in paying a valid claim. Many states allow extra penalties for it. Glossary. A licensed attorney in your state can tell you what applies.

Stacking UM coverage#

StackingStacking. Adding together the uninsured or underinsured motorist limits for more than one vehicle or policy, where state law and the policy allow it. Glossary means adding together the UM or UIM limits from more than one vehicle or policy. Whether you can stack depends on state law and your policy.

Pennsylvania is one example. Under 75 Pa.C.S. § 1738, the uninsured and underinsured motorist limits for each insured vehicle are added together unless the named insured signs a waiver. If you insure two cars with the same UM limit and have not signed the waiver, the limit available to you can be twice the amount shown for one car. Other states handle stacking differently, and some policies limit it, so check your declarations page and ask your insurer.

If you have no UM coverage#

Without UM, other options may still help:

• Suing the driver personally. You can sue an uninsured driver, but collecting a judgment can be hard if the driver has few assets.
• Personal injury protectionPersonal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary or medical payments coverageMedical payments coverage (MedPay). Optional or required coverage on your own auto policy that pays medical bills after a crash, up to a set limit, whoever caused it. Unlike PIP, it usually does not pay lost income. Glossary. These pay medical bills whoever was at fault. In Texas, every policy includes at least $2,500 of PIP unless it was rejected in writing.
• Health insurance. It pays under your plan's rules, and it may seek repayment from any later recovery.
• Collision coverage. It pays for your car's repairs, minus the deductible.
• Other people who may be liable. An employer if the driver was working, a vehicle owner who lent the car, or a bar that served a drunk driver. In New York, every vehicle owner is liable for deaths and injuries caused by the negligence of anyone driving it with the owner's permission. See our guides to company vehicle and drunk driver accidents.

If you were the uninsured driver#

Being uninsured yourself can limit your own claim, even when the other driver caused the crash. In California, under Civil Code § 3333.4, an injured person who owned an uninsured vehicle in the crash, or drove without proof of insurance, generally cannot recover non-economic damages such as pain and suffering. You may still recover medical bills and lost pay. An exception applies to an uninsured owner hit by a driver convicted of drunk driving for that crash. Other states have their own rules and penalties for driving uninsured.