Finding out the driver who hit you has no insurance — or only the bare minimum — is frustrating. But it does not always mean you are out of options.
This guide explains how uninsured and underinsured motorist claims usually work and what you can do now.
What usually causes an uninsured motorist accident?
Uninsured driver crashes have the same causes as any crash; the difference is in who pays afterward.
- Lapsed or cancelled insurance. Some drivers let coverage lapse or never buy it.
- Minimum-limit policies. Many drivers carry only their state's minimum, which may not cover serious injuries.
- Hit-and-run drivers. Unidentified drivers are often treated as uninsured for insurance purposes.
- Excluded or unlisted drivers. A driver not covered by the vehicle's policy can create coverage gaps.
Who can be held liable for an uninsured motorist accident?
The at-fault driver is still legally responsible, but insurance from your own policy is often the practical source of compensation.
- The at-fault driver. They remain responsible, but collecting directly from an individual without insurance can be difficult.
- Your UM/UIM coverage. Steps in for the at-fault driver's missing or low coverage, up to your policy limits.
- Household policies. A relative you live with may have coverage that applies to you.
- An employer's policy. If you were driving for work, a company policy may apply.
How fault is shared depends on your state. Most states reduce compensation by your share of fault, while a few bar recovery if you were even slightly at fault. Read how comparative fault works or find your state below.
What damages may be recoverable after an uninsured motorist accident?
Depending on the facts and your state's laws, an uninsured motorist accident claim may include the following kinds of losses. No one can promise an amount — every case is different.
- Medical bills. Emergency care, hospital stays, doctor visits, therapy, medication and — in some cases — future treatment.
- Lost wages. Income you missed while recovering, and possibly reduced ability to earn in the future.
- Pain and suffering. Physical pain, emotional distress and the impact on your daily life. Some no-fault states limit this unless injuries meet a threshold.
- Property damage. Repair or replacement of your vehicle and personal property damaged in the crash.
- Out-of-pocket costs. Travel to appointments, help at home, rental cars and similar expenses.
UM/UIM claims can cover the injury losses the at-fault driver should have paid, subject to your policy terms. In some states, multiple UM/UIM policies can be combined ('stacked').
What evidence should I collect after an uninsured motorist accident?
The best evidence is gathered early — before memories fade and footage is deleted. If you can, collect or keep:
- The other driver's name, plate number and what they said about insurance
- The police report
- Your own policy declarations page showing UM/UIM coverage
- Photos of the scene, vehicles and injuries
- Medical records and bills
- Any letters from the other driver's insurer denying coverage
How long do I have to file an uninsured motorist accident claim?
UM/UIM claims may have contract deadlines in your policy in addition to your state's statute of limitations. Read your policy's notice requirements and act quickly.
See the state-by-state deadline overview or choose your state on the state laws page.
When should I talk to a lawyer about an uninsured motorist accident?
It's usually worth a free consultation if any of these apply to you:
- The other driver has no insurance or too little
- Your insurer is delaying or denying your UM/UIM claim
- You have injuries that need ongoing treatment
- You are unsure what coverage you have
Many personal injury attorneys work on contingency, so a consultation usually costs nothing up front. Learn how contingency fees work.