Hit-and-run accidents. People driving without any insurance. Drivers who aren’t even supposed to be on the road. Sound familiar?
These situations are happening every day, and they are becoming a huge problem. Times are changing, and unfortunately, you simply cannot trust that other drivers are doing the right thing. The only true way to protect yourself and your family is by carrying uninsured motorist coverage.
But here is the big question: Do you actually have it?
Figuring out how your own auto insurance policy works is not easy. When you sign up, insurance companies provide almost no instruction on what type of coverage you actually need. They just show you a bunch of boxes, options, and prices. They don’t make recommendations to you because, frankly, they’d rather you pay for the cheapest plan that protects them, not you. They are required by law to offer it to you, but that’s it.
If you’ve been in a car accident and need help from a car accident lawyer who has seen it all, this article is for you. Let’s break down everything you need to know about uninsured motorist coverage in plain English.
What is Uninsured Motorist Coverage?
In the world of insurance, we call this “UM” coverage. Think of it as a safety net that you buy for yourself.
Normally, if someone hits you, their insurance pays for your medical bills and pain and suffering. But what if they don’t have insurance? Or what if they don’t have enough insurance? That is where Uninsured Motorist coverage kicks in. It steps into the shoes of the person who hit you and pays you the money they should have paid.
Does Uninsured Motorist Coverage Pay for the Damage to My Car?
No. This is a very common point of confusion. Uninsured Motorist coverage specifically applies to bodily injury. This means it pays for your hospital visits, surgeries, doctor appointments, and your pain and suffering. Uninsured motorist does not pay for the damage to your car.
Damage to your actual car is usually covered by something called Collision Coverage. If your car is totaled or damaged, you are looking at your collision policy, not your UM policy.
Can Uninsured Motorist Coverage Pay for a Rental Car?
No. Just like the answer above, a rental car is usually an add-on called “Rental Reimbursement.” UM coverage is focused on the human being inside the car, not the car itself. It’s there to make sure you can get back on your feet physically and financially after a bad injury.
Is Underinsured Motorist Coverage Different From Uninsured Motorist?
Essentially, yes because the effect is the same.
- Uninsured means the person has $0 in insurance.
- Underinsured means they have some insurance (maybe the state minimum), but your medical bills are way higher than what their policy can pay.
Most policies bundle these together. So, if you have a $50,000 UM policy and the person who hit you only has $10,000 in coverage, your “Underinsured” coverage can bridge the gap.
Is Uninsured Motorist Coverage Required?
No, uninsured motorist coverage is not required. This is the “trap” many people fall into. Drivers think that because they have “Full Coverage,” they are protected. In reality, “Full Coverage” is a marketing term that usually just means you have the minimum legal requirements plus coverage for your own car. It often does not include UM unless you specifically asked for it.
How Do I Find Out if I Have Uninsured Motorist Insurance?
This is the most important step. To find out, you need to look at a document called your Declarations Page (or “Dec Page”).
Don’t just look at the little proof-of-insurance card in your glove box—that doesn’t show enough detail. Your Dec Page is a one- or two-page summary of your policy sent by your insurance company every six months or year. Look for the letters “UM” or the words “Uninsured Motorist.” If you see “$0” or “Rejected” next to those words, you are not protected.
You can also call your insurance company. It is very easy to do and I recommend that all my clients do it. Just ask if you carry uninsured motorist coverage, and if so, how much. It literally will take you two minutes.
Is It Good to Carry Uninsured Motorist Coverage?
As a car accident lawyer, my answer is a resounding YES. It is the most important coverage you can buy.
Why? Because you can control it. You can’t control if the person behind you is here illegally and doesn’t have a license or insurance. You can’t control if the person who hits you is impaired and flees the scene to avoid a DUI. But you can control how much protection you have for your own family. UM coverage is usually very affordable compared to the massive protection it provides.
What Happens if I Don’t Have Uninsured Motorist Insurance?
If you get hit by someone with no insurance and you don’t have UM coverage, you might be stuck with the bill.
Your health insurance might pay for some medical treats, but they won’t pay for your lost wages from missing work. They won’t pay for the fact that your back might hurt for the rest of your life. Without UM, you are essentially relying on the “financial responsibility” of a person who didn’t even bother to buy car insurance. That is a losing bet.
What if the Insurance Company Did Not Tell Me About Uninsured Motorist Coverage?
Insurance agents are often focused on giving you the lowest price possible so you’ll sign up with them. Because adding UM coverage makes the price go up slightly, they sometimes hide it or skip over it.
The law says the insurance company must offer it to you. If they didn’t, they might be in trouble—but usually, they cover their tracks with a specific form. It is very rare these days to find a situation where UM was not offered because everything is automated.
What Is an Uninsured Motorist Rejection Form?
Because UM coverage is so important, if you decline UM coverage, you are required to sign a specific piece of paper. This is called a Rejection Form. By signing this, you are telling the insurance company, “I know this is important, but I am choosing to save money instead of having this protection.” I always ask for a copy of it when I am representing my clients. It has been years since I’ve seen a case when the insurance company didn’t cover its tracks and get this form signed. It is normally sent to you electronically and it is possible you didn’t even read or understand what you were signing.
What if I Didn’t Sign an Uninsured Motorist Rejection Form? Can I Still Get Uninsured Motorist Coverage?
This is a “secret” that car accident lawyers use to help clients. If an insurance company cannot produce a signed Rejection Form that meets the strict requirements of the law, the court may “create” UM coverage for you.
If you were told you don’t have UM, but you don’t remember ever signing a form to reject it, a lawyer can demand to see that paperwork. If the insurance company lost it or did it wrong, you might actually be covered!
How Does It Work if I Have Uninsured Motorist Coverage?
The process works like this:
- You get into an accident.
- The other driver is at fault.
- You find out the other driver has no insurance (or not enough).
- You file a claim with your own insurance company.
- Your insurance company “steps in” and acts as the insurance for the person who hit you.
Will Using My Uninsured Motorist Coverage Increase My Insurance Rates?
No. It is illegal for an insurance company to raise your rates for making a claim that wasn’t your fault. Since UM coverage only kicks in when someone else causes the crash, using it should not cause your rates to spike. You’ve been paying for this protection—you have every right to use it.
Can Other People Make a Claim on My Uninsured Motorist Insurance?
Yes! UM coverage usually follows the car and the person.
- If you have passengers in your car when you are hit by an uninsured driver, they are usually covered by your UM policy.
- Your family members who live with you are also often covered, even if they are walking or riding a bike and get hit by a car.
Can Other People Make a Claim on My Uninsured Motorist Insurance Without My Permission?
If they were a passenger in your car during the accident, they have a legal right to seek coverage under your policy for their injuries. They don’t necessarily need your “permission” because the policy is designed to protect anyone inside the vehicle. Don’t worry, though—this doesn’t take money out of your pocket; it comes from the insurance company you’ve already paid.
Do Insurance Companies Treat My Claim Differently if I Make It Against My Own Uninsured Motorist Coverage?
This is the sad truth: The moment you make a UM claim, your own insurance company becomes your “adversary.”
Even though you’ve paid them premiums for years, their goal is to pay you as little as possible. They will try to say your injuries aren’t that bad or that the accident didn’t cause your pain. This is why having a car accident lawyer is so important—even when dealing with your own company.
Do I Need a Lawyer to Make a Claim on My Own Uninsured Motorist Coverage for My Injuries?
You aren’t required to have one, but it is highly recommended. Making an injury claim is much more complicated than people realize. Because your insurance company will try to save money, they might offer you a “lowball” settlement. A lawyer knows the true value of your medical bills and your future pain. We make sure the insurance company treats you fairly.
How Does a Car Accident Lawyer Make a Claim on Uninsured Motorist Insurance?
When I take on a case, I handle the heavy lifting:
- Investigation: I prove the other driver was 100% at fault.
- Verification: I search for every possible insurance policy available.
- Medical Records: I gather all your bills and doctor notes to prove the extent of your injuries.
- Demand: I send a formal “Demand Package” to your insurance company.
- Negotiation/Litigation: I fight with the insurance adjusters (and their lawyers) to get you the maximum check possible.
Final Thoughts from Sean McQuaid
Over the past 26 years as a lawyer, I have met hundreds of people who have no idea what uninsured motorist coverage is and have no idea if they have it. The whole process of getting car insurance is confusing. I just switched insurance companies after 33 years of being with one company and I was shocked about how little the insurance companies tell their customers about what they need. Now, I am an expert at insurance and was able to understand it. But, there is no way that the average person could understand what coverage to get and in what amounts. There is simply no guidance, only prices. It is a terrible system and a major problem. I believe that this is intentional. It is not your fault if you don’t understand or were burned.
Please take five minutes today. Log into your insurance app or find that Declarations Page. If you don’t see UM coverage listed, call your agent/company and add it. It is the best gift you can give yourself and your family.
If you’ve already been in a car accident and you’re struggling to deal with insurance companies, don’t go it alone. Reach out to a professional who knows the system and can fight for the compensation you deserve.
About the Author: Sean McQuaid is an experienced car accident attorney dedicated to helping victims navigate the complexities of insurance claims and personal injury law.