Uninsured Motorist
Hit by an Uninsured Driver?
Your Options for
Compensation in 2026
Reviewed by: ClaimCheckUSA Legal TeamLast updated: March 26, 2026Reading time: 7 min
Did You Know?
Approximately 1 in 8 drivers on US roads is uninsured. In some states like Florida and Mississippi, the rate exceeds 1 in 5. Being hit by an uninsured driver doesn't mean you're without options — but you need to act quickly.
Your Compensation Options
Your own UM/UIM coverageBest option
Uninsured/Underinsured Motorist (UM/UIM) coverage is the most reliable option. If you carry it, your own insurer pays your damages up to your policy limits — even though the other driver was at fault.
Sue the uninsured driver personally
You can file a lawsuit against the at-fault driver. However, if they have no insurance, they likely have few assets. Collecting on a judgment can be very difficult.
MedPay / PIP coverage
Medical Payments (MedPay) or Personal Injury Protection (PIP) coverage on your own policy pays your medical bills regardless of fault — useful for immediate medical costs.
Collision coverage
Your collision coverage can pay for vehicle repairs, subject to your deductible. This is separate from UM/UIM and does not cover medical expenses.
UM/UIM Requirements by State
| State | UM/UIM Required? | Avg. Annual Premium |
|---|---|---|
| Florida | No (PIP required) | $180/yr |
| California | Yes (offered, can waive) | $95/yr |
| Texas | Yes (offered, can waive) | $110/yr |
| New York | Yes (mandatory) | $130/yr |
| Illinois | Yes (mandatory) | $105/yr |
| Georgia | Yes (offered, can waive) | $120/yr |
Hit by an Uninsured Driver?
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Check My EligibilityFrequently Asked Questions
What happens if I'm hit by an uninsured driver?
Your options depend on your own insurance coverage. If you have Uninsured Motorist (UM) coverage, your insurer pays your damages up to your policy limits. Without UM coverage, you can sue the driver personally, but collecting is difficult if they have no assets. MedPay or PIP can cover immediate medical costs.
What is UM/UIM coverage and do I need it?
Uninsured Motorist (UM) coverage pays when you're hit by a driver with no insurance. Underinsured Motorist (UIM) coverage pays when the at-fault driver's insurance isn't enough to cover your damages. Given that 1 in 8 US drivers is uninsured, UM/UIM coverage is strongly recommended.
Can I still get compensation if the driver fled the scene (hit and run)?
Yes. Most UM policies cover hit-and-run accidents where the at-fault driver cannot be identified. You must typically report the accident to police and your insurer promptly. Some states require physical contact with the unidentified vehicle.
How long do I have to file a UM claim?
UM claims are governed by your policy's terms, which typically require prompt reporting (within 30–90 days). The underlying personal injury statute of limitations (usually 2–3 years) also applies. Report the accident to your insurer immediately.
Will filing a UM claim raise my insurance rates?
In most states, your insurer cannot raise your rates for a UM claim where you were not at fault. However, practices vary by insurer and state. Check your policy or speak with an attorney before filing.
What if the uninsured driver has some assets?
If the at-fault driver owns property or has income, a personal injury lawsuit may be worth pursuing. Your attorney can investigate their assets and pursue a judgment, which can be collected through wage garnishment or property liens.