Both parties do not have to waive uninsured motorist property damage coverage together
Each driver on a policy can make their own choice about uninsured motorist property damage (UMPD) coverage, and one person's decision does not bind the other. If you share a car insurance policy with a spouse, family member, or business partner, you may each have different coverage levels — or one of you may waive it entirely while the other keeps it. The insurance company cannot force both of you to match.
However, the practical reality depends on who owns the vehicle and who holds the policy. If one person is the policyholder and the other is a listed driver, the policyholder typically controls what coverage applies to the whole vehicle. If you are both named insureds on the same policy, you may have more flexibility, but you will still need to contact your insurer to set different coverage levels.
The key distinction is between the policy itself and the people covered under it. Your insurer sets the terms of the policy as a contract between the company and the policyholder. Within that contract, coverage either exists on a vehicle or it does not — you cannot have UMPD on one person's claim and not on another's for the same car in the same accident.
Key Takeaways
- UMPD coverage is attached to a vehicle and policy, not to an individual driver, so both drivers of the same car have the same coverage in any given accident.
- If you want different coverage levels, you may be able to add yourself as a separate named insured on a different vehicle or policy, but this requires a separate contract with your insurer.
- The policyholder — the person who signed the contract and pays the premium — controls what coverage the policy includes unless a spouse has community property rights under state law.
- Some states require spouses to consent in writing before one spouse can waive certain coverages, so your state's rules may limit how freely one person can change the policy unilaterally.
- Waiving UMPD means you will not recover property damage costs if hit by an uninsured driver, even if the other driver was clearly at fault.
How UMPD coverage works on a shared policy
UMPD is a coverage type that pays for damage to your vehicle when you are hit by a driver who has no insurance. It is part of the collision and comprehensive insurance bundle, and it sits on the vehicle itself, not on the driver. When you file a claim, the insurer pays based on what coverage the vehicle had at the time of the accident — not based on who was driving.
If you and another person are both listed on the same policy for the same vehicle, you both have access to whatever UMPD limit the policy carries. If the policy has UMPD, both of you can use it. If it does not, neither of you can. There is no way to split it between drivers or give it to one person but not the other on the same vehicle under the same policy.
This is different from liability coverage, which is also attached to the vehicle but which some states allow you to decline in writing. UMPD is a property coverage — it protects your own car — and the rules around waiving it vary by state. Some states allow you to waive it freely; others require both spouses to consent if you are married.
When one person can control the coverage decision
The policyholder — the person whose name appears first on the policy and who receives the bill — has the legal right to make coverage decisions unless state law or a court order says otherwise. If you are the policyholder and your spouse or family member is a listed driver, you can typically change the UMPD coverage without their permission, though you should tell them because it affects their protection.
However, many states have spousal consent laws that require both spouses to sign off on waiving certain coverages. These laws exist because marriage creates a shared financial interest in the vehicles and property. If you are married and want to waive UMPD, your insurer may ask for your spouse's signature on the waiver form. Check your state's insurance code or ask your agent whether your state requires spousal consent.
If you are not married and share a policy with a parent, adult child, or business partner, the policyholder generally has the right to make the decision alone. That said, it is wise to discuss it first — the other person will be the one without coverage if an accident happens.
What happens if you want different coverage levels
If you truly want one person to have UMPD and the other not to have it on the same vehicle, you have limited options. The cleanest solution is to put the vehicle on separate policies — one in each person's name. This requires each person to be the policyholder of their own contract, which means each policy covers only that person's use of the vehicle. This works if you each drive the car separately most of the time, but it is expensive and impractical if you share the vehicle regularly.
Another option is to add a second vehicle to the policy and assign it to one person, with different coverage on each vehicle. This is more realistic if you have two cars and each person primarily drives one. Your insurer can set UMPD on one vehicle and waive it on the other.
If neither of those options fits your situation, you will need to accept that the vehicle has one coverage level for both drivers. The policyholder makes the final call, but the decision applies to anyone driving that car.
Why one person might want to waive UMPD
Some drivers waive UMPD to lower their premium, especially if they drive an older car with low resale value. The logic is that the cost of UMPD coverage over several years may exceed what the insurer would pay out if an accident happened. For a car worth $3,000 or less, this calculation sometimes makes sense.
Others waive it because they believe they are careful drivers who will not be hit by an uninsured motorist. This is a gamble — uninsured drivers are not rare, and you cannot control whether someone hits you. If you are hit and have no UMPD, you would have to sue the other driver to recover, which is slow and uncertain if that driver has no assets or insurance.
If you are considering waiving UMPD, think about what would happen if you were hit tomorrow. Could you afford to repair or replace the vehicle out of pocket? Could you afford to hire a lawyer to chase down an uninsured driver? If the answer is no, keeping UMPD is the safer choice, even if it costs more per month.
State-specific rules that affect your choice
A handful of states require you to keep UMPD coverage unless you actively waive it in writing. These states treat UMPD as a baseline protection that you have to opt out of, rather than opt into. If your state is one of them, you cannot straightforward choose not to buy it — you have to sign a form saying you understand the risks and want to decline it anyway.
Other states allow you to waive UMPD without any special form, as long as you tell your insurer. Still others require spousal consent, as mentioned above. A few states do not offer UMPD at all because they have different uninsured motorist rules.
Your state's insurance department website or your agent can tell you what the rules are where you live. If you are married, ask specifically whether your state requires both spouses to sign a waiver. If you are not married, ask whether there are any restrictions on who can make the decision.
What to do if you disagree with the other person on your policy
If you and the other person on your policy disagree about UMPD — one wants to keep it, the other wants to waive it — the policyholder has the legal right to make the final decision in most states. However, this is a situation where you should try to reach agreement before one person acts unilaterally.
The person who wants to keep UMPD should explain what happens if you are hit by an uninsured driver: the other person will have to pay for repairs out of pocket or sue the driver. The person who wants to waive it should explain the cost savings and their reasoning. Sometimes a compromise works — for example, keeping UMPD but raising the deductible to lower the premium.
If you cannot agree and the policyholder makes a unilateral change, the other person should know about it so they understand their coverage. If you are married and your state requires spousal consent, the insurer will not allow the waiver without both signatures, so the disagreement will force a conversation.
Frequently Asked Questions
Can my spouse waive UMPD without telling me?
It depends on your state and who is the policyholder. If your spouse is the policyholder and your state does not require spousal consent, they can waive it without your permission — though they should tell you. If your state requires spousal consent, the insurer will ask for your signature on the waiver form. Check your state's rules or ask your agent.
If I waive UMPD and get hit by an uninsured driver, can I change my mind?
No. Once an accident happens, you cannot retroactively add coverage. You can add UMPD back to your policy for future accidents, but it will not cover damage from the accident that already occurred. This is why the decision matters — you need to think ahead.
Does waiving UMPD affect my other coverage?
No. Waiving UMPD does not change your liability coverage, collision coverage, comprehensive coverage, or any other part of your policy. It only removes the protection that pays for damage when an uninsured driver hits you.
What if the other driver has insurance but it is not enough to cover the damage?
That is underinsured motorist property damage (UIMPD), which is a separate coverage. UMPD only applies when the other driver has zero insurance. If they have some insurance but not enough, UIMPD would cover the gap — if you have it.
Can I waive UMPD on one vehicle but keep it on another?
Yes. If you have two vehicles on the same policy, you can ask your insurer to waive UMPD on one and keep it on the other. This is one way to lower your premium while still protecting your main vehicle.