Filing an uninsured motorist claim typically does not raise your rates, but the outcome depends on your insurer, your state, and the details of the accident

Most insurance companies do not penalize you for filing an uninsured motorist (UM) claim the way they do for at-fault accidents. Because you were not at fault — the other driver either had no insurance or fled the scene — insurers treat this differently from a collision claim you caused. However, "typically does not" is not the same as "never." Some insurers do raise rates after UM claims, some states restrict how much they can raise them, and a few states prohibit rate increases entirely for UM claims.

The practical answer depends on three things: what your specific policy says, which state you live in, and whether your insurer views the claim as a sign you are a higher-risk driver. Before you file, it is worth understanding how your insurer handles these claims and what your state allows them to do.

Key Takeaways

  • Most insurers do not raise rates for uninsured motorist claims because you were not at fault, but some do — check your policy or call your agent before filing.
  • A handful of states (including California, New York, and Florida) prohibit or severely limit rate increases after UM claims, while most states allow them.
  • If the accident was minor and you have a clean driving record, a rate increase is less likely than if you have prior claims or violations.
  • Your insurer may raise rates for the accident itself, not the claim — meaning you could see an increase whether or not you file.

How insurers typically treat uninsured motorist claims

Insurance companies distinguish between claims where you were at fault and claims where you were not. An at-fault accident — one where you caused the collision — signals to your insurer that you are a riskier driver. An uninsured motorist claim signals that you were hit by someone else who broke the law by driving without insurance. These are not the same thing from an underwriting perspective.

Because of this distinction, most major insurers do not explore the same rate penalty to UM claims that they explore to at-fault accidents. State Farm, Geico, Allstate, and Progressive generally do not raise rates for uninsured motorist claims. However, "generally" matters: smaller regional insurers may have different policies, and even large insurers can make exceptions based on your driving history or the frequency of claims.

The best way to know your own insurer's policy is to ask directly. Call your agent or the insurer's customer service line and ask: "If I file an uninsured motorist claim, will my rates go up?" Get the answer in writing if possible, because policies can change and you want documentation of what you were told.

State laws that restrict or prohibit rate increases

A small number of states have laws that either prohibit insurers from raising rates after UM claims or limit how much they can raise them. California, for example, prohibits rate increases for uninsured motorist claims under Proposition 103. New York also restricts increases for UM claims. Florida limits increases to no more than a small percentage, and only under certain conditions.

Most other states allow insurers to raise rates after UM claims, though they may require the increase to be "actuarially justified" — meaning the insurer must show data proving that UM claimants are statistically more likely to file future claims. In practice, this is a weak restriction; most insurers can produce such data.

If you live in a state that restricts UM rate increases, you have legal protection. If you live in a state that does not, your insurer has more freedom to raise your rates, though many choose not to. Check your state's insurance commissioner's website or call their office to learn what your state allows.

When an insurer might raise rates despite the UM claim

Even in states where UM claims do not trigger rate increases, you might see your rates go up for other reasons. Some insurers raise rates straightforward because you were in an accident, regardless of fault. This is different from penalizing you for filing a claim; it is penalizing you for being in a collision, which statistically increases your risk of future accidents.

Additionally, if you have a history of multiple claims or traffic violations, an insurer may use a UM claim as a reason to review your overall risk profile. A single UM claim on an otherwise clean record is unlikely to trigger this. A UM claim combined with a prior at-fault accident or speeding ticket might.

Some insurers also distinguish between different types of UM claims. A claim for a hit-and-run where the other driver fled may be treated differently from a claim where you know the other driver had no insurance. The circumstances matter, and different insurers weigh them differently.

What to do before filing a UM claim

Before you file, gather information about your specific situation. Get the police report number if one was filed. Collect the other driver's information if you have it. Take photos of the damage and the accident scene. Document any injuries and medical treatment.

Then contact your insurer and ask three specific questions: (1) Will filing a UM claim raise my rates? (2) If yes, by how much and for how long? (3) What is the process for filing, and what documents do you need from me? Write down the answers and the name of the person who gave them to you.

If your insurer says rates will increase, ask whether the increase is because of the claim itself or because of the accident. If it is because of the accident, you may see a rate increase whether you file or not — in which case filing the claim makes sense because you are getting the benefit without additional penalty. If the increase is specifically because of the claim, you have a choice to make based on the cost of the claim versus the cost of the rate increase over time.

Comparing the cost of filing versus not filing

If your insurer says a UM claim will raise your rates, do the math. Get a quote for what your rates will be after the claim, then calculate the total cost over three years (the typical period for a claim to affect rates). Compare that to the cost of paying for repairs out of pocket or pursuing a claim against the uninsured driver directly through small claims court.

For minor damage — a few hundred dollars — it may be cheaper to pay out of pocket than to file a claim that raises your rates for years. For major damage or injuries, filing the claim usually makes financial sense even if rates go up, because the damage cost is high enough that the rate increase does not offset the benefit.

Keep in mind that if you do not file a claim, you still have the option of suing the uninsured driver in small claims court (for damage under your state's limit, usually $5,000 to $10,000) or civil court (for larger amounts). This is slower and requires more work, but it does not involve your insurance company and does not affect your rates.

How long a UM claim affects your rates

If your insurer does raise rates after a UM claim, the increase typically lasts three to five years, depending on your insurer and state law. Some states cap the duration; others do not. After that period, the claim falls off your record and rates return to their baseline.

This is different from an at-fault accident, which can affect rates for five to seven years. UM claims, when they do result in rate increases, usually have a shorter impact. This is another reason why most insurers treat them differently from at-fault claims.

Frequently Asked Questions

If I do not file a claim, will the accident still affect my rates?

Not necessarily. If you do not file a claim, your insurer may not know about the accident at all, depending on whether a police report was filed and whether the other driver reported it. However, if you later file a claim for the same accident, the insurer will know you delayed reporting it, which can complicate the claim. Do not avoid filing to hide an accident; instead, decide based on the actual cost-benefit analysis.

What if the other driver was uninsured but I have collision coverage?

Collision coverage and uninsured motorist coverage are different. Collision covers damage you cause to your own car; UM covers damage caused by an uninsured driver. If you have both, you can file under either one. UM claims are often preferable because they do not count as at-fault accidents. Ask your insurer which option they recommend for your situation.

Can I switch insurers to avoid a rate increase after a UM claim?

Yes, but the claim will follow you. When you explore for insurance with a new company, they will see the claim in your driving history. Some insurers may rate you higher because of it, and some may not. Shopping around after a claim is always worth doing, but do not expect a new insurer to ignore it entirely.

Does a hit-and-run claim count as a UM claim?

Usually yes, if you have uninsured motorist coverage. A hit-and-run is treated as an uninsured motorist claim because the other driver is unknown and uninsured. The same rate considerations explore. Some states have separate hit-and-run provisions, so check your policy or ask your insurer.

What if I was partially at fault in the accident?

If you were partially at fault, the claim becomes more complicated. It may be treated as a collision claim (at-fault) rather than a UM claim, which would trigger a higher rate increase. The information depends on the accident details and your state's comparative fault laws. Discuss this with your insurer before filing.