What you can recover and how it actually works
If an uninsured driver hit you, your own uninsured motorist (UM) coverage can pay your medical bills—but only up to the limit you chose when you bought your policy. The insurance company pays what the uninsured driver would have paid if they had coverage. This is not the same as suing the driver directly, which is slower and often yields nothing because uninsured drivers typically have no money to collect.
The process starts with a claim to your own insurer, not the other driver's. You will need medical records showing the injury was caused by the collision, proof of the accident, and documentation of the other driver's lack of insurance. Your insurer will investigate, and if they agree the other driver was at fault, they will pay your medical costs up to your UM limit.
The key limitation: you can only recover what you actually spent on medical care. If your UM limit is $50,000 but your medical bills total $8,000, you receive $8,000. You cannot recover pain and suffering, lost wages, or other damages through UM coverage alone—those require a separate claim or lawsuit, which is much harder against an uninsured driver.
Key Takeaways
- Your own uninsured motorist coverage pays your medical bills when an uninsured driver causes the crash, up to the limit on your policy.
- You file the claim with your own insurance company, not with the other driver, and the process typically takes four to eight weeks.
- Medical bills are the only thing UM coverage pays for directly; other losses like lost income or pain and suffering require a separate lawsuit against the driver.
- If your medical costs exceed your UM limit, you may be able to sue the uninsured driver for the difference, but collecting money from someone with no insurance is usually not realistic.
- Uninsured motorist coverage is optional in most states, so check your current policy to see whether you have it and what your limit is.
How to file a claim with your own insurer
Contact your insurance company as soon as you have medical records that link your injuries to the crash. Do not wait until treatment is finished—you can file while you are still receiving care. Tell them you are filing a UM claim and provide the accident report number, the other driver's information (including confirmation that they had no insurance), and copies of your medical bills and records.
Your insurer will assign a claims adjuster who will request additional documents: the police report, photos of vehicle damage, witness statements if you have them, and medical records from every provider who treated you. Be thorough and honest. Anything you leave out or misstate can slow the process or give the insurer a reason to deny the claim.
The adjuster will also contact your medical providers to verify the bills and confirm the treatment was necessary. This can take two to four weeks. Once the insurer has everything, they will make a decision: approve the claim and pay, request more information, or deny it. If they deny it, you have the right to appeal or pursue a lawsuit, though that is expensive and time-consuming.
What documents you need to gather
Start collecting these when ready after the crash, before details fade or documents go missing. You will need the police report (request it from the police department that responded), the other driver's name and contact information, and proof they had no insurance—usually a statement from the police report or a call to your state's insurance verification system.
Medical documentation is the heaviest part of your file. Gather bills and itemized statements from every doctor, hospital, urgent care, physical therapist, or other provider who treated you. Include the dates of service, what was done, and what was charged. If you had imaging (X-rays, MRI), lab work, or surgery, those records matter most because they show the injury was real and serious.
Photographs of the crash scene and vehicle damage help prove the collision happened and how severe it was. If you have witness contact information, include that too. Keep a record of any time you missed work due to the injury, even though UM coverage does not pay for lost wages—this information supports a future lawsuit if you decide to pursue one.
When your medical bills exceed your UM limit
If your treatment costs more than your UM coverage limit, you have two options: accept the limit and absorb the rest of the cost, or sue the uninsured driver for the difference. A lawsuit is the only way to recover amounts above your UM limit, and it is also the only way to recover pain and suffering, lost wages, or other non-medical damages.
Before you sue, understand what you are actually suing for. The uninsured driver is legally liable for the full cost of your injuries if they caused the crash. But liability and ability to pay are different things. Most uninsured drivers have no savings, no assets, and no income that can be garnished. Even if you win a judgment, collecting it can take years or never happen at all.
If you do decide to sue, you will need a personal injury attorney. Most work on contingency, meaning they take a percentage of what you recover (usually 25 to 40 percent) and you pay nothing upfront. The attorney will file in small claims court if the amount is under your state's limit (usually $5,000 to $15,000), or in civil court for larger amounts. The process takes months to years.
Underinsured motorist coverage and stacking
Some drivers have insurance but not enough to cover serious injuries. Underinsured motorist (UIM) coverage fills that gap. If the at-fault driver's liability limit is $25,000 but your medical bills are $60,000, your UIM coverage can pay the difference—up to your UIM limit.
In some states, you can stack your UM and UIM limits, meaning they add together. In others, they are separate pools. Check your policy or ask your agent which rule applies in your state. Stacking can make a significant difference if you have serious injuries and a low at-fault driver's limit.
UIM claims follow the same process as UM claims: you file with your own insurer, provide medical documentation, and wait for a decision. The main difference is that the at-fault driver's insurer is also involved, because UIM only pays after the at-fault driver's coverage is exhausted.
What happens if your insurer denies the claim
An insurer can deny a UM claim for several reasons: they conclude the other driver was not at fault, they say your injuries were not caused by the crash, they claim you did not have UM coverage active at the time, or they find a misstatement in your claim. A denial is not final.
You have the right to appeal within your state's time limit (usually 30 to 60 days). Submit a written appeal with any new evidence—additional medical records, witness statements, or an independent medical evaluation showing the crash caused your injury. If the appeal fails, you can file a complaint with your state's insurance commissioner, which is free and can pressure the insurer to reconsider.
If the commissioner's office does not resolve it, your last option is a lawsuit against your own insurer for breach of contract. This is called a "bad faith" claim if the insurer acted unreasonably. You will need an attorney, and the case can take a year or more. Many people settle before trial.
Frequently Asked Questions
Do I have to use my own UM coverage or can I sue the uninsured driver directly?
You can do either, but UM coverage is faster and more likely to pay. Suing the driver directly takes months or years and usually yields nothing because they have no money. Most people file the UM claim first, and if it does not cover everything, then consider a lawsuit for the remainder.
What if the uninsured driver admits fault but I cannot find them?
If the driver left the scene, this is a hit-and-run. Report it to police when ready and get a report number. Your UM coverage will still pay your medical bills even if the driver is never found, as long as you have a police report documenting the crash. Some states require a police report for hit-and-run UM claims.
Can I recover medical bills my health insurance already paid?
Usually no. Your health insurance has a right of subrogation, meaning they can demand repayment from any settlement or judgment you receive. Your UM insurer will coordinate with your health insurer to avoid paying twice. The money goes to your health insurer first, then to you for any remaining bills.
How long do I have to file a UM claim?
Most states require you to file within one to three years of the crash, but do not wait that long. File as soon as you have medical records linking your injury to the crash. The sooner you file, the sooner the investigation starts and the sooner you get paid.
What if I was partially at fault for the crash?
In most states, you can still recover from your UM coverage even if you were partly at fault. Your recovery is reduced by your percentage of fault. If you were 20 percent at fault and your medical bills are $10,000, you recover $8,000. A few states do not allow recovery if you were any percentage at fault, so check your state's rules.