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Insurance

What is Uninsured Motorist Coverage?

Insurance coverage that protects you if you're injured by a driver who has no liability insurance or insufficient coverage to pay for your damages.

Understanding Uninsured Motorist Coverage

UM/UIM coverage is required in some states and optional in others. It covers medical expenses, lost wages, and pain and suffering when the at-fault driver cannot pay. Your own insurance company pays the claim and may subrogate against the at-fault driver.

Examples

  • 1Hit-and-run accident where driver is never found
  • 2Accident with driver who let insurance lapse
  • 3Collision with underinsured driver whose limits are exhausted

Why This Matters in Legal Cases

An estimated 12-15% of drivers nationwide are uninsured, and many more carry minimum coverage that is insufficient for serious injuries. Uninsured/underinsured motorist (UM/UIM) coverage is often the most valuable protection on a client's own policy. Understanding how to navigate UM/UIM claims—which involve suing your own insurance company—requires different strategies than standard third-party claims.

Explaining to Clients

Explain to clients that UM/UIM claims are made against their own insurance company, which can feel counterintuitive. Reassure them that filing a UM/UIM claim should not increase their premiums in most states. Encourage all clients to carry high UM/UIM limits, as this is often inexpensive and provides critical protection against uninsured or underinsured drivers.

Frequently Asked Questions

What is the difference between uninsured and underinsured motorist coverage?

Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all, or in hit-and-run cases. Underinsured motorist (UIM) coverage kicks in when the at-fault driver's insurance limits are not enough to cover your damages. For example, if the other driver has $25,000 in coverage but your damages are $100,000, your UIM coverage fills the gap.

Is uninsured motorist coverage required?

Requirements vary by state. About 20 states require UM coverage, while others make it optional but require insurers to offer it. In states where it is optional, you may need to sign a written rejection to decline it. Given the high percentage of uninsured drivers, carrying this coverage is strongly recommended regardless of state requirements.

Does UM/UIM coverage apply to hit-and-run accidents?

Yes. Hit-and-run accidents are typically treated as uninsured motorist claims since the at-fault driver cannot be identified. Most policies require that you report the hit-and-run to police within a specific time frame and that there was physical contact between the vehicles, though requirements vary by state and policy.

Sources

Related Terms

Hit and Run

An accident where a driver leaves the scene without stopping to provide information or render aid, a criminal offense in all states.

Subrogation

The right of an insurance company to pursue a third party who caused the loss to recover the amount paid on a claim.

No-Fault Insurance

An auto insurance system where each driver's own insurance pays for their medical expenses and lost wages regardless of who caused the accident.

Total Loss

When a vehicle is damaged to the extent that the cost of repairs exceeds the vehicle's actual cash value, or when the vehicle cannot be safely repaired.

Bad Faith Insurance

When an insurance company unreasonably denies, delays, or underpays a valid claim, or fails to properly investigate or defend its insured.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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