Uninsured Motorist Coverage

What Is Uninsured Motorist Coverage? How Does It Work?

Uninsured motorist coverage is additional auto liability coverage that pays benefits if an uninsured driver crashes into your vehicle and harms you.

When you and another car collide, the primary way you get compensation for your medical bills and other losses is by filing an insurance claim. In “no-fault” states, you file your claim with your carrier unless you sustain severe injuries. If you live in an “at-fault” state, the insurer for the person who caused the wreck pays the injured parties’ claims.

An uninsured motorist often does not have the financial resources to pay for others’ expenses and losses after a crash. When you have uninsured motorist coverage, your policy steps in and pays your claim, ensuring you receive compensation.

Liability And The Legal Rights Of Uninsured Drivers

Uninsured motorists have many of the same legal rights after a car accident as drivers with liability coverage. If an insured driver crashes into an uninsured motorist in an at-fault state, the uninsured motorist could submit an injury claim against the insured driver’s policy.

Similarly, suppose an uninsured motorist suffers a severe injury after an insured driver hits them. The uninsured motorist could file a claim against the other driver’s policy and seek compensation for their losses.

Just as all drivers must comply with their state’s insurance requirements, all drivers have the same rights when someone injures them in a crash. 

Types Of Claims Uninsured Drivers Can Pursue

Suppose you do not have insurance and are involved in a car wreck. You may still be eligible to file one or more insurance claims and receive compensation. The possible claims you could file include the following:

Claims Against At-Fault Driver’s Insurance

If you live in one of the 38 “at-fault” insurance states, you can file a claim against an insured motorist’s insurance carrier if they cause you harm in an accident. You can also file a claim in a “no-fault” state if the insured driver causes substantial and severe injuries. Your ability to file a claim in these situations does not depend on whether you have insurance.

Medical Expenses

An uninsured motorist can seek compensation for their medical bills and treatment costs, including additional or ongoing care they might need in the future.

Property Damage

If your car is damaged or totaled in the crash, you could recover compensation for this loss as an uninsured driver. These damages could help address your repair bills, rental car expenses while your car is repaired, or the cost of a replacement vehicle.

Uninsured/Underinsured Motorist (UM/UIM) Coverage

Uninsured and underinsured motorist coverage policies are different. The truth about uninsured motorist coverage is that it covers losses caused by a driver without a liability insurance policy. Uninsured motorist coverage can address medical bills, lost wages, property damage, and other losses.

By contrast, underinsured motorist coverage helps bridge the gap between the policy limits of the at-fault driver and your actual expenses and losses. Uninsured motorist coverage covers all your accident-related medical costs and other losses, but UIM coverage only pays what another applicable policy does not.

Personal Injury Claims

An uninsured motorist who is harmed by another driver can potentially file a personal injury claim in court against the at-fault driver. A successful suit could lead to a judgment against the motorist who caused the wreck, regardless of whether that person had liability insurance.

No-Fault State Considerations

In no-fault insurance states, your right to recover damages from another driver’s insurance or from the driver personally is limited to situations where you sustain severe injuries. Otherwise, the laws in these states require you to file a claim with your own insurance carrier. 

If you are uninsured in one of these twelve states but do not sustain severe injuries in a crash, you cannot receive compensation.

What Does Uninsured Motorist Insurance Cover?

Whether you get UM coverage because your state requires you to or because you think it is a wise investment, you may wonder, “What does uninsured motorist coverage pay for?” 

The two main types of claims UM policies pay are uninsured motorist bodily injury and uninsured motorist property damage claims. If you purchase a UM policy, try to have your policy limits match those of your general auto liability policy.

Uninsured Motorist Bodily Injury

Your UM policy will pay your hospital bills, treatment costs, and certain other injury-related losses. This could include some or all of your lost wages.

Uninsured Motorist Property Damage

If your UM policy includes coverage for property damage, it could cover your car repair bills, damage to your personal property inside the car, and the cost of a rental. If the uninsured driver totals your car, you will receive a check for the value of the vehicle.

Limitations And Legal Challenges

Be aware that UM policies only cover accidents caused by an insured driver. Your insurer will deny your UM claim if you were at fault for the crash, and you may face challenges if you were partly to blame for the accident.

Risks for uninsured drivers include being found personally liable for the harm a victim suffers in a crash. Moreover, there could be administrative and criminal consequences for driving without insurance, even if you do not cause a crash.

What States Require Uninsured Motorist Coverage?

If you live and drive in any of the following states, you must have UM coverage: Connecticut, the District of Columbia, Illinois, Kansas, Maine, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oregon, South Carolina, South Dakota, Vermont, and Virginia.

In every other state not mentioned above, UM coverage is optional.

How Adam S. Kutner Can Help In Uninsured Driver Claims

At Adam S. Kutner, Injury Attorneys, we can help you through an uninsured motorist claim, from interpreting your uninsured motorist coverage to filing a claim to appealing denials. 

FAQ

Does Uninsured Motorist Insurance Cover Hit-And-Run Accidents?

Yes, this coverage can help cover hit-and-run accidents.

Do You Need Uninsured Motorist Coverage? 

While this coverage is not required in many states, it’s a good idea to have it.

How Much Uninsured Motorist Coverage Do You Need?

The amount of coverage you need will depend on whether it’s required in your state and your personal risk tolerance.