Finding out the driver who hit you has no insurance is a sinking feeling. You did nothing wrong, and now you are wondering who will pay your medical bills. The good news: there are often still options. This guide explains them.
How common are uninsured drivers?
More common than most people think. Every state except New Hampshire requires drivers to carry insurance or prove they can pay for damage, but some drivers let coverage lapse or never buy it. Many others carry only their state's minimum limits, which may not go far after a serious injury.
What is uninsured motorist (UM) coverage?
UM coverage is part of your own auto policy that pays when an at-fault driver has no insurance. It steps into the at-fault driver's shoes and can cover the injury losses their liability insurance would have paid, up to your UM limits. Those may include medical bills, lost wages and pain and suffering.
UM coverage usually also applies in many hit-and-run crashes where the driver is never found.
What is underinsured motorist (UIM) coverage?
UIM coverage helps when the at-fault driver has insurance, but not enough. If your losses exceed their policy limits, UIM may make up some or all of the difference, up to your UIM limits. How UIM is calculated — and whether you must first collect the at-fault driver's full limits — varies by state.
Is UM/UIM coverage required?
It depends on your state. Some states require UM coverage. Others require insurers to offer it but let you reject it in writing. Check your policy's declarations page — it lists your UM/UIM limits, if you have them.
What other coverage might help?
Several policies can help with medical bills, even without UM.
- PIP (personal injury protection). Required in no-fault states and some others. Pays medical bills and some lost income regardless of fault.
- MedPay. Optional coverage in many states that pays medical bills regardless of fault.
- Health insurance. Can pay medical bills, though it may seek repayment later from any recovery.
- Collision coverage. Pays for your car's damage, minus your deductible.
- Household policies. A relative you live with may have UM coverage that applies to you.
- Employer policies. If you were driving for work, a company policy may apply.
Is my own insurance company on my side?
Not necessarily, in a UM claim. When you make a UM claim, your insurer takes the role the at-fault driver's insurer would have played. It may question who caused the crash, whether your injuries are related and what they are worth. Treat a UM claim with the same care as any injury claim:
- Report it promptly and in writing.
- Keep records of all treatment and missed work.
- Be careful with recorded statements and medical releases.
- Read your policy's deadlines and requirements.
What should I do after an uninsured driver hits me?
- Call the police. A police report documents the crash and the driver's lack of insurance.
- Get the driver's information anyway — name, license, plate and vehicle.
- Take photos of the scene, vehicles and injuries.
- See a doctor promptly.
- Notify your insurer and ask about UM, UIM, PIP and MedPay.
- Find your declarations page to see what coverage you have.
- Talk to an attorney before signing anything.
Can I stack UM coverage?
In some states. "Stacking" means combining UM/UIM limits from more than one vehicle or policy. Some states allow it, some forbid it and some let insurers decide through policy language. An attorney can tell you whether stacking may apply.
What if the uninsured driver was at fault but I was partly to blame?
Your recovery may be reduced. UM claims usually follow the same fault rules as other injury claims in your state. Read what is comparative fault?
When should I talk to a lawyer?
When you were injured, your insurer is delaying or denying a UM claim, or you are not sure what coverage applies. UM/UIM claims can be technical, and policies have their own deadlines. Learn more on our uninsured motorist claims page, or start a free case review.