Introduction

Being injured by an uninsured driver leaves many victims wondering how they will pay for medical bills and other damages. Approximately 12% of drivers nationwide are uninsured, with rates exceeding 25% in some states. If you've been hit by an uninsured driver, your own insurance coverage becomes your primary source of compensation. Understanding how to navigate uninsured motorist claims is essential.

This comprehensive guide covers uninsured motorist coverage, filing claims against your own insurance, dealing with underinsured drivers, and maximizing your recovery when the at-fault driver has no insurance.

You have options for compensation even when the at-fault driver is uninsured. We'll help you understand your coverage and protect your rights.

Understanding Uninsured Motorist Coverage

Uninsured motorist (UM) coverage is insurance you purchase as part of your auto policy that protects you when an at-fault driver has no insurance. UM coverage steps in as if you were making a claim against the other driver's insurance.

UM coverage typically includes bodily injury coverage for medical expenses, lost wages, and pain and suffering. Some policies also include uninsured motorist property damage (UMPD) for vehicle damage.

Coverage limits vary based on your policy. You may have chosen limits equal to your liability coverage, or you may have lower UM limits. Check your policy to understand your coverage amounts.

UM coverage is mandatory in some states and optional in others. If you declined UM coverage in an optional state, you may have limited options when hit by an uninsured driver.

Filing a UM Claim

Report the accident to your insurance company and inform them the at-fault driver is uninsured. You'll file your injury claim under your UM coverage rather than against the other driver's policy.

Your insurance company will investigate the claim, including confirming the other driver's lack of insurance, evaluating fault, and assessing your damages. Cooperate with their investigation while protecting your rights.

UM claims are handled similarly to third-party claims. You must prove the other driver was at fault and document your damages. Your own insurance company may dispute fault or damages just as another insurer would.

Some states require arbitration of disputed UM claims rather than litigation. Check your policy and state law to understand the process for resolving disputes.

Underinsured Motorist Coverage

Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their limits are insufficient to cover your damages. UIM fills the gap between their coverage and your actual damages.

For example, if your damages total $100,000 but the at-fault driver only has $25,000 in coverage, UIM coverage can provide up to an additional $75,000 (depending on your UIM limits).

UIM coverage typically requires you to first exhaust the at-fault driver's coverage before making a UIM claim. Your insurance company must usually consent before you settle with the other driver.

Never settle with an underinsured driver without your insurance company's consent, as doing so may waive your UIM rights.

Dealing with Your Own Insurance Company

Although you're claiming under your own policy, your insurance company may not simply pay what you ask. Insurers often dispute UM claims just as they would third-party claims.

Document your injuries and damages thoroughly. Medical records, bills, wage loss documentation, and evidence of pain and suffering all support your UM claim.

Your policy is a contract that entitles you to coverage. If your insurer denies a valid claim or offers insufficient compensation, they may be acting in bad faith.

An attorney can help negotiate with your own insurance company and pursue arbitration or litigation if they fail to offer fair compensation.

Pursuing the Uninsured Driver Directly

You can sue the uninsured driver directly, but collecting a judgment may be difficult. People without insurance often lack assets to pay judgments.

A judgment against the uninsured driver can sometimes be collected through wage garnishment, bank levies, or liens on property. However, many uninsured drivers are judgment-proof.

Pursuing the uninsured driver makes sense when they have assets or future earning potential. Your attorney can investigate their financial situation.

UM coverage provides more reliable compensation than attempting to collect from an uninsured individual.

Frequently Asked Questions

What is uninsured motorist coverage?
UM coverage on your own policy pays when at-fault driver has no insurance or is unknown (hit and run). UIM pays when at-fault driver's insurance is insufficient for your damages.
Do I have to carry UM coverage?
Requirements vary by state. Some mandate UM coverage, others make it optional. Check your policy or state insurance department. Always recommended given high uninsured driver rates.
How much UM coverage should I have?
Carry limits matching your liability coverage. Higher limits cost little extra but provide crucial protection. Consider 100/300 or higher if affordable.
Can I stack UM coverage from multiple vehicles?
Depends on state law and policy terms. Some allow stacking UM limits from all vehicles on policy, others prohibit stacking. Stacking can significantly increase available coverage.
What if my UM claim is denied?
File appeal with insurer, request arbitration if policy requires, or file bad faith lawsuit if wrongful denial. Your insurer owes you same duties as third-party claims.
Does filing UM claim raise my rates?
Generally shouldn't, as you weren't at fault. Some states prohibit rate increases for UM claims. Check your state's laws and policy terms.

Conclusion and Next Steps

When an uninsured driver injures you, your own UM coverage is your primary protection. This coverage exists precisely for this situation and can provide full compensation for your injuries.

The most important steps you can take right now are: report the accident to your insurance company, confirm the other driver's lack of insurance, document all injuries and damages, and understand your UM coverage limits.

If you've been injured by an uninsured driver, contact a qualified car accident attorney for a free case evaluation. An experienced attorney can handle your UM claim, negotiate with your insurance company, and ensure you receive fair compensation under your own policy.