Uninsured motorist claim: when the other driver has no insurance
The other driver had no insurance? Call for a free review of your claim.
An uninsured motorist claim goes to your own insurer, which pays what the other driver’s insurance would have paid. In 2023, 15.4 percent of drivers had no insurance, more than one in seven, per the Insurance Research Council study cited by the Insurance Information Institute.
How an uninsured motorist claim works
- Get the police report showing the other driver had no insurance.
- Tell your own insurer in writing that you are making an uninsured motorist claim.
- Send your medical bills, records and proof of lost pay, the same as any injury claim.
- Your insurer makes an offer. You can push back, just as you would with the other driver’s insurer.
Your insurer is now the side paying the claim, so its adjuster prices it like any other. Many policies send a fight over the amount to arbitration; the uninsured motorist part of your policy says how.
Uninsured and underinsured motorist coverage
Uninsured cover pays when the other driver has no policy. Underinsured cover pays when they have one, but its limit is too low for your losses. The same coverage also pays after a hit and run, per the Insurance Information Institute.
Twenty states and the District of Columbia require uninsured or underinsured motorist coverage.
Everywhere else it is optional, so check your declarations page for the line and its limit.
Where uninsured drivers are most common
| Most uninsured | Share | Least uninsured | Share |
|---|---|---|---|
| Mississippi | 28.2% | Maine | 5.7% |
| New Mexico | 24.1% | Utah | 6.2% |
| District of Columbia | 23.1% | Idaho | 6.4% |
| Michigan | 22.3% | Wyoming | 6.7% |
| Tennessee | 21.3% | Montana | 7.2% |
The study measures it from claims: injury claims against uninsured drivers compared with claims against insured ones.
What the claim is worth
It is figured like any injury claim: medical bills, lost pay and an amount for the pain, up to your coverage limit. The settlement calculator gives a range from three answers. If your losses pass your limit, the driver still owes the rest, though many uninsured drivers cannot pay it.
Deadlines
Your policy asks for prompt notice and some set a short window. Your state’s lawsuit deadline runs at the same time.
Your state sets the deadline to sue, counted from the day of the crash.See your state.
Uninsured motorist claim questions
What happens if the driver who hit me has no insurance?
Your own uninsured motorist coverage pays what their insurer would have paid, up to your limits. Without it, your health plan, your collision cover for the car or a lawsuit against the driver are what is left.
Does uninsured motorist coverage pay for pain and suffering?
Usually yes. It stands in for the other driver’s liability cover, so the claim is figured the same way: bills, lost pay and pain.
Do I need a lawyer for an uninsured motorist claim?
Not always. Your own insurer still pays as little as it can and the policy has its own rules. A free call tells you whether your claim is big enough for a fee.
How long do I have to file an uninsured motorist claim?
Your policy sets a notice deadline, often short, so tell your insurer right away. The lawsuit deadline in your state still runs, too.
Before you answer the adjuster
Your policy asks for prompt notice and the lawsuit clock runs too. Across the country, the window is two or three years in most places from the crash date to file. Call us 24/7 before you accept your insurer’s offer.
Call about my claim(833) 716-6705
We answer 24/7, go over your claim free and link you to a car accident lawyer paid only if you win.