What uninsured motorist coverage actually does
Uninsured motorist coverage pays for your injuries and vehicle damage when the other driver has no insurance or their insurance won't cover the crash. It is not a claim against the other driver—it is a claim against your own policy. You report the crash to your own insurance company, not to a government agency, and they decide whether to pay.
The coverage comes in two parts. Medical payments coverage (sometimes called "med pay") covers hospital bills, doctor visits, and lost wages up to a set limit—usually $1,000 to $25,000 depending on your policy. Uninsured motorist property damage coverage pays to fix or replace your car. Not all states require insurers to offer both, and not all policies include both, so check your declarations page to see what you actually have.
The process starts the moment you know the other driver is uninsured. You do not have to wait for a police report or a court ruling. If the other driver tells you they have no insurance, or if you later discover their policy lapsed or was cancelled, you can file a claim with your own company right away.
Key Takeaways
- Uninsured motorist claims go to your own insurance company, not the other driver's, and you must report the crash within the timeframe stated in your policy (usually 30 to 90 days).
- You will need the police report number, the other driver's name and contact details, witness statements, photos of the damage, and medical records if you were injured.
- Your insurer will investigate whether the other driver was truly uninsured and whether they were at fault, which can take several weeks.
- If your insurer denies the claim, you have the right to dispute it through your state's insurance commissioner or by hiring an attorney.
- Some policies require you to exhaust the other driver's assets or sue them before your insurer pays, depending on your state's laws.
Gather the documents you will need before you call
Your insurance company will ask for proof that the other driver was uninsured. Start by getting the police report. Call the police non-emergency line or visit the station where the crash was reported and ask for the report number. The report will include the other driver's name, address, phone number, and what the officer found about their insurance status. If the officer wrote that the other driver had no proof of insurance, that is your first piece of evidence.
Next, collect everything from the scene. Take photos of the damage to your vehicle, the other vehicle, road conditions, and traffic signs. Write down the names and phone numbers of anyone who saw the crash. Get the other driver's insurance card if they showed you one, or note exactly what they told you about not having insurance. If you have a dash camera or if a nearby business has security footage, note that too.
If you were injured, gather your medical records. This includes emergency room paperwork, doctor's notes, prescriptions, physical therapy bills, and any records showing time off work. Keep receipts for anything you paid out of pocket—medications, medical equipment, transportation to appointments. Your insurer will use these to calculate what they owe you under medical payments coverage.
File the claim with your own insurance company
Call your insurance company's claims line. Have your policy number ready and tell them you were in a crash with an uninsured motorist. They will open a claim file and assign an adjuster. The adjuster will ask you to describe the crash, confirm you have uninsured motorist coverage on your policy, and tell you what documents to send.
Most insurers let you file online through their website or app, by phone, or by mail. Online is usually fastest—you can upload photos and documents the same day. By phone, the adjuster will take your statement and tell you what to mail in. By mail, send copies (never originals) of the police report, photos, medical bills, and any written statements from witnesses. Keep a copy of everything you send.
Your insurer will give you a important date to submit documents—usually 30 to 60 days from the crash. Missing this important date can result in a denied claim, so mark it on your calendar. If you need more time because you are still receiving medical treatment, ask the adjuster in writing to extend the important date.
What happens during the investigation
Once you file, your adjuster will verify that the other driver was truly uninsured. They will contact the other driver's insurance company (if one is listed) to confirm the policy was cancelled or never existed. They will also check state insurance databases. This step usually takes one to two weeks.
Your adjuster will also determine who was at fault. They will review the police report, your statement, witness statements, and photos. If the police report says the other driver was at fault, that helps your claim. If the report is unclear or says you were partly at fault, the adjuster may request additional evidence or hire an investigator.
If you were injured, your adjuster will review your medical records to see whether your injuries were caused by the crash and whether the treatment was necessary. They may request records from your doctor or ask you to be examined by a doctor they hire. This is standard practice and does not mean they think you are lying.
The investigation usually takes two to four weeks, though complex cases can take longer. Your adjuster will contact you with updates and tell you when to expect a decision.
What your insurer will and will not pay
If your claim is approved, your insurer will pay up to the limits stated in your policy. Medical payments coverage typically covers medical bills and lost wages. It does not cover pain and suffering, lost future earnings, or permanent disability—those require a separate lawsuit against the other driver.
Uninsured motorist property damage coverage pays to repair your car or pays you the cash value if the car is totalled. Your insurer will use their own estimate or hire an appraiser to determine the value. If you disagree with the estimate, you can hire your own appraiser and ask for a re-evaluation.
Your insurer will subtract your deductible from any payment. If your deductible is $500 and your medical bills are $3,000, you receive $2,500. If your car damage is $8,000 and your deductible is $1,000, the insurer pays $7,000.
Your insurer will also subtract any payments you received from other sources. If you filed a workers' compensation claim for lost wages, your insurer will deduct that amount. This is called subrogation, and it is written into most policies.
What to do if your claim is denied
Your insurer must send you a written denial letter that explains why they rejected your claim. Common reasons include: the other driver was not actually uninsured, you did not report the crash within the required timeframe, you were at fault (in some states), or your injuries were not caused by the crash.
If you disagree with the denial, you have options. First, contact your adjuster and ask them to reconsider. Provide any new evidence—additional witness statements, medical records, or documentation that the other driver was uninsured. Some denials are reversed after a second review.
If the adjuster will not budge, file a complaint with your state's insurance commissioner. This is free and does not require a lawyer. The commissioner's office will investigate whether your insurer followed state law. You can find your state's insurance commissioner through the National Association of Insurance Commissioners website. The complaint process usually takes 30 to 90 days.
You also have the right to hire an attorney to dispute the denial or to sue the other driver directly for damages beyond your policy limits. Many personal injury attorneys work on contingency, meaning they take a percentage of what you win and charge nothing upfront.
State-specific rules that affect your claim
Some states require you to sue the uninsured driver before your insurer pays. This is called the exhaustion requirement. Other states let you file a claim with your insurer without suing first. A few states allow both options at the same time. Your adjuster will tell you which rule applies in your state.
Some states also have an uninsured motorist fund—a pool of money managed by the state that pays claims when the driver cannot be found or has no assets. If you live in one of these states and the other driver is judgment-proof (meaning they have no money or property to collect from), you may be able to file with the state fund instead of suing. Your adjuster can tell you whether this option is available.
Your state's insurance laws also set minimum limits for uninsured motorist coverage. Some states require $15,000 per person and $30,000 per crash; others require more. Check your policy to see whether you have the state minimum or higher limits. If you have the minimum and your damages exceed it, you may need to sue the other driver for the difference.
Frequently Asked Questions
Can I file an uninsured motorist claim if I do not have a police report?
Yes, but it is much harder. Without a police report, you will need strong evidence that the other driver was uninsured—written statements from witnesses, photos of their vehicle, or a text message where they admitted they had no insurance. Your adjuster may deny the claim without a report, so ask the police to file one even if they did not come to the scene initially.
What if the other driver had insurance but it was cancelled for non-payment?
That counts as uninsured. Your claim goes to your own uninsured motorist coverage. Your adjuster will verify the cancellation date with the other driver's insurance company to confirm the policy was not active when the crash happened.
Do I have to pay my deductible for an uninsured motorist claim?
Yes, unless your state law says otherwise. Most states require you to pay your deductible before your insurer pays. A few states waive the deductible for uninsured motorist claims, so check your policy or ask your adjuster.
Can my insurance rates go up after I file an uninsured motorist claim?
No. Most states prohibit insurers from raising your rates because you filed a claim for an uninsured motorist crash. You were not at fault, so your rates should not increase. If your insurer raises your rates after this claim, contact your state's insurance commissioner.
What if the other driver was partly at fault and I was partly at fault?
This depends on your state's fault rules. In comparative fault states, your insurer will reduce your payment by your percentage of fault. If you were 20 percent at fault and your damages are $10,000, you receive $8,000. In no-fault states, your insurer pays your medical bills regardless of fault, but you cannot sue for pain and suffering unless your injuries meet a high threshold.