Hit by an Uninsured Driver? Your Uninsured Motorist Claim Explained (2026)

Uninsured motorist (UM) coverage is the part of your auto policy that pays your medical bills, lost wages, and pain and suffering — up to your policy limits — when the at-fault driver has no insurance. If that happens, you file the claim with your own insurer, which steps into the missing driver's shoes.

Key Facts

• Roughly 1 in 7 US drivers — about 14% — carries no insurance, per Insurance Research Council estimates.
• About 20 states plus Washington, D.C. require drivers to carry UM coverage.
• UM bodily-injury coverage typically has no deductible; UM property-damage coverage usually carries one.
• Hit-and-run crashes are usually treated as uninsured-motorist claims.
• Notice deadlines are short — report promptly, commonly within 30 days — while injury lawsuit deadlines vary by state, commonly 2–3 years.

What UM and UIM Coverage Actually Is

Underinsured motorist (UIM) coverage is the part of your policy that pays when the at-fault driver has insurance, but their limits are too low to cover your losses. Both follow you beyond your own car: they typically protect you as a driver, a passenger in someone else's car, or even as a pedestrian or cyclist struck by a vehicle.

Stacking means combining the UM/UIM limits from two or more vehicles or policies to increase the total amount available for your claim. Some states permit stacking and others prohibit it, so your state's rule decides how much extra protection you can unlock. With roughly one in seven drivers uninsured, UM/UIM coverage is the safety net that keeps another person's irresponsibility from becoming your financial ruin.

What UM/UIM Coverage Pays For

UM bodily-injury coverage pays for emergency care, hospital bills, surgery, rehabilitation, and follow-up treatment. It also covers lost wages when injuries keep you from working, plus compensation for pain and suffering. Some policies add UM property-damage coverage for car repairs — that part usually carries a deductible, while the bodily-injury part typically does not. It never pays the at-fault driver's bills, and it never pays more than the limits you bought. Good documentation matters after any crash — see our guide to car accident claims for the full checklist.

How to File a UM Claim in 6 Steps

• Call the police and get a report number — insurers almost always require one, especially after a hit-and-run.
• Get medical attention the same day; gaps in treatment let insurers argue you were not really hurt.
• Notify your own insurer promptly — notice deadlines are often short, commonly within 30 days.
• Document everything: photos, medical records, bills, proof of missed work, and witness contacts.
• File the formal UM claim with your insurer and cooperate — your insurer now plays the role the missing driver's insurer would have.
• Keep every record and do not settle until the full extent of your injuries is known.

For plain-language walkthroughs of everyday insurance problems, you can also watch the Problem Solved channel.

7 Mistakes That Ruin UM Claims

• Waiting too long to notify your insurer and missing the policy's notice deadline.
• Skipping medical care or leaving gaps in treatment that insurers use against you.
• Giving statements to the at-fault driver's insurer without understanding your rights.
• Accepting a quick settlement before your injuries and future costs are fully known.
• Failing to file a police report after a hit-and-run, which many policies require.
• Not checking whether your state allows stacking UM limits across multiple vehicles.
• Ignoring the other driver's fate — an uninsured at-fault driver may face license suspension, fines, and SR-22 insurance requirements that shape your claim.

How UM Payouts Are Calculated

Your payout is capped by your UM/UIM policy limits — that is the contract you bought. Compensation varies widely by case: no two injuries, medical bills, or wage losses are identical, and most settlements are confidential, so no reliable per-case average exists. Insurers weigh medical costs, documented lost income, and injury severity, then negotiate within your limits.

A worked example shows how limits work. Suppose you carry a $100,000 per-person UM limit, with $40,000 in medical bills and $15,000 in lost wages — that totals $55,000, fully inside your limit, leaving $45,000 of coverage for pain and suffering and any remaining costs. If you hire help, many injury attorneys work on contingency, charging a percentage of what you recover rather than upfront hourly fees.

Do You Need UM Coverage?

About 20 states plus Washington, D.C. require UM coverage; everywhere else it is optional but strongly recommended, given how many drivers carry no insurance. A common rule of thumb: buy UM limits at least equal to your liability limits, and if your state allows stacking, listing multiple vehicles raises protection for a modest cost. When comparing car insurance quotes, price identical coverage with higher UM limits so you compare like with like.

Frequently Asked Questions

Will filing a UM claim raise my insurance rates?

Usually not like an at-fault claim would, because you did nothing wrong — but rules vary by state and insurer. Ask your insurer directly and check your state's rules.

Can I file a UM claim after a hit-and-run?

In most cases, yes: hit-and-run crashes are usually treated as uninsured-motorist claims. File a police report immediately — many insurers require one before processing the claim.

Is there a deductible on UM coverage?

UM bodily-injury coverage typically has no deductible, so medical costs are covered up to your policy limits. UM property-damage coverage, where available, usually does carry a deductible.

What is the deadline for filing a UM claim?

Two clocks matter: your policy's notice deadline — report promptly, commonly within 30 days — and your state's injury lawsuit deadline, commonly 2–3 years. Missing the first can void the claim; missing the second ends your right to sue.

What if the other driver has insurance, but not enough?

That is what underinsured motorist (UIM) coverage is for: it pays the gap between the at-fault driver's limits and your losses, up to your own UIM limits. Example: their $25,000 limit against your $70,000 in losses leaves a $45,000 gap UIM can cover.

Disclaimer: This article is general information only — not legal or financial advice. UM/UIM rules, deadlines, and stacking rights vary by state. Consult a licensed attorney in your state before making decisions about a claim.