Car Accident Lawyer
Hit by an Uninsured Driver? How Uninsured Motorist Coverage Protects You
You have car insurance. The driver who hits you doesn’t. Now what?
It’s a situation more people face than you might think, and the answer often depends on one part of your own policy that many drivers never look at: uninsured motorist coverage.
Here’s what it is, how common uninsured drivers really are, and how to make sure you’re protected before you ever need it.
What uninsured motorist coverage is
Uninsured motorist (UM) coverage is part of your auto policy that pays for your injuries when the driver who caused the crash has no liability insurance. In many states, it also applies to hit-and-run crashes where the other driver is never identified.
Its close cousin is underinsured motorist (UIM) coverage. That steps in when the at-fault driver has insurance, but not enough to cover your costs.
| Coverage | When it applies |
|---|---|
| Uninsured motorist (UM) | The driver who caused the crash has no liability insurance at all. In many states it also covers hit-and-run crashes, where the other driver is never identified. |
| Underinsured motorist (UIM) | The at-fault driver has insurance, but not enough. If your medical bills and lost wages add up to $80,000 and their policy only pays $25,000, UIM coverage can help with the difference, up to your own limits. |
Depending on your state and policy, UM and UIM coverage can help pay for:
- Medical bills, now and in the future
- Lost income while you recover
- Pain and suffering
- In some states, damage to your car (called UM property damage)
The key difference from a normal injury claim: instead of filing against the other driver’s insurer, you file with your own insurance company.
How common are uninsured drivers?
More common than most people expect. In 2023, 15.4% of U.S. drivers, or more than one in seven, were uninsured, according to the Insurance Research Council. Another 18% carried coverage too low to pay for the damage they cause. Together, that’s one in three drivers who are either uninsured or underinsured, a 10-point jump since 2017 (Insurance Research Council).
The rate varies a lot by state. In 2023 Missouri (20.7%), Florida (20.6%), California (20.4%) and Colorado (19.7%) all ran close to or above one in five drivers, while New York (8.6%) and Massachusetts (7.9%) were under 9%. Mississippi was highest at 28.2% (Insurance Information Institute, IRC data).
Is UM coverage required in your state?
It depends on where you live. Twenty states and the District of Columbia have mandatory requirements for uninsured or underinsured motorist coverage (Insurance Information Institute). Some require only UM coverage for injuries, while a smaller group also requires coverage for vehicle damage.
In many other states, the coverage goes into your policy automatically unless you turn it down in writing. Florida is a clear example: state law puts uninsured motorist coverage in every policy carrying bodily injury liability, unless a named insured makes a written rejection of it on behalf of everyone on the policy (Fla. Stat. § 627.727). That signature matters more than most people realize.
Because the rules change from state to state, the best way to know where you stand is to check your own policy or your state’s department of insurance.
Why that signed rejection form matters
When you buy a policy, rejecting UM coverage or choosing lower limits can take just a signature on a form you barely read. That moment can have serious consequences years later.
A recent Florida case shows how. On October 22, 2026, Florida’s Third District Court of Appeal affirmed a ruling for the insurer in Dorticos v. Infinity Auto Insurance Company, a dispute over uninsured motorist coverage that turned on a signed rejection of coverage or election of lower limits (Dorticos v. Infinity Auto Insurance Co., No. 3D25-1345).
Under Florida law, a properly signed, state-approved rejection form is treated as a knowing decision, even if the driver later says they didn’t understand what they were signing. Other states have their own rules, but the lesson is the same everywhere: read before you sign, and know what you’re giving up.
How to check your own policy in five minutes
Pull up your auto insurance declarations page, the summary page your insurer sends at each renewal, and look for these:
- Do you have UM and UIM coverage at all? Look for “uninsured motorist” or “UM/UIM” in the list of coverages.
- What are your limits? Your UM limits are the most your own insurer will pay if an uninsured driver injures you. Many people choose to match their UM limits to their liability limits.
- Did you sign a rejection or a lower-limits form? If you don’t remember, ask your agent or insurer for a copy.
- Is your coverage “stacked”? In some states, you can combine UM limits across multiple cars on your policy. Ask whether that’s available to you.
- Does it cover hit-and-runs? Check how your policy and state handle crashes where the other driver is never found.
If anything is unclear, call your agent. UM coverage is often inexpensive compared with the protection it provides.
If an uninsured driver hits you
- Call 911 and get a police report. It’s key evidence that the other driver was at fault and uninsured, or that they left the scene.
- Collect what you can at the scene: the other driver’s name, license plate, and vehicle details, plus photos and witness contact information.
- Get medical care right away, even if you feel fine. Some injuries show up days later. Our article on delayed symptoms after a car accident explains what to watch for.
- Notify your own insurance company promptly. Many policies require quick notice for UM claims, and hit-and-run claims often require a police report within a set time.
- Be careful what you sign or say. In a UM claim, your own insurer is on the other side of the table, and it has a financial interest in paying as little as possible.
- Know your deadlines. Every state limits how long you have to bring an injury claim. See our guide to personal injury deadlines by state.
UM claims can get complicated quickly, especially when it’s unclear whether the other driver had insurance or when your insurer disputes your injuries. A personal injury attorney can review your policy and handle the claim for you, and most offer free consultations. Find a car accident lawyer near you, or browse the full attorney directory on LawyerUp.
Sources
- Insurance Research Council: Uninsured and Underinsured Motorists, 2017–2023 (Feb. 2025)
- Insurance Information Institute: Facts + Statistics, Uninsured Motorists (IRC data)
- Fla. Stat. § 627.727: Uninsured and underinsured vehicle coverage
- Dorticos v. Infinity Auto Insurance Co., Fla. 3d DCA, No. 3D25-1345 (Oct. 22, 2026)
This article is for general information only and is not legal or insurance advice. Coverage rules vary by state and policy.
