Hit by an Uninsured Driver? What Your Policy Pays

What does uninsured and underinsured coverage pay?

This is part of your own policy. Uninsured motorist coverage, or UM, pays you when a driver with no insurance hits you. It also pays for some hit-and-run crashes. Underinsured coverage, or UIM, pays when the other driver does not have enough insurance.

Your state’s law or your policy decides who counts as underinsured. So the rules can differ by state and by policy.

Some states pay only for injuries under this coverage. Others can also pay for damage to your car. The state sections below show the differences.

What should I do after an uninsured driver hits me?

Call the police if someone was hurt or the other driver drove away. Get a copy of the report. Texas’s insurance department says to tell your insurer about the crash as soon as you can. Most insurers have deadlines for claims.

Keep records of your losses, such as medical bills, lost pay and repair bills. California’s insurance department says you must show proof of your loss for an uninsured motorist claim.

A hit-and-run crash can have extra rules, such as a police report or proof the other car touched you or your car. The rules we found for Texas, California and New York are below.

What are the rules in Texas?

In Texas, each driver must have at least 30/60/25 in coverage for harm they cause others. Your insurer must offer UM and UIM coverage. If you do not want it, you must say no in writing.

That means $30,000 for injuries to one person, up to $60,000 per crash, and $25,000 for property damage.

Source: Texas Department of Insurance: Auto insurance guide · as of Oct 5, 2026

The Texas Department of Insurance says this coverage can pay for medical bills, car repairs, a rental car, and pain and suffering. It can also pay for lost value if your car is worth less after the crash.

For damage to your car, the deductible for this coverage is $250. TDI says that is likely much lower than a collision deductible.

Source: Texas Department of Insurance: Uninsured motorist coverage · as of Oct 5, 2026

For a hit-and-run, Texas law requires that the unknown driver’s car touched you or your property. TDI says the coverage will not pay for a hit-and-run you did not report to police.

Texas law lowers your UIM payment by what you got, or could get, from the other driver’s insurer. If you and your insurer disagree about whether the other car was insured, the law puts the job of proving it on the insurer.

What are the rules in Florida?

To register a car in Florida, you must have PIP and property damage coverage. PIP stands for personal injury protection. Florida UM pays for your injuries. If your policy pays for injuries you cause others, it must include UM unless you turn it down in writing. Florida does not require that kind of coverage to register a car. So check your policy.

PIP pays 80 percent of needed medical costs, up to $10,000, no matter who caused the crash. Property damage liability must be at least $10,000.

Source: FLHSMV: Florida insurance requirements · as of Oct 5, 2026

Source: FLHSMV: Florida insurance requirements · as of Oct 5, 2026

Florida law has insurers add your UM coverage together across cars, called stacking, unless you reject that in writing. UM benefits are usually paid as one lump sum once your treatment is known.

Say you agree to settle with the other driver’s insurer, but the money will not cover all your injury costs. Florida law says you must first send written notice of the deal to your UIM insurer by certified or registered mail. That insurer has 30 days to approve the deal. If it says no, it must pay you the amount of the offer itself within those 30 days.

What are the rules in California?

In California, the least coverage for harm to others is 30/60/15. This is for policies bought or renewed since January 1, 2025. Insurers must offer UM and UIM. To skip it, you sign a form called a waiver.

That means $30,000 for one person’s injury or death, $60,000 for more than one person, and $15,000 for property damage.

Source: California DMV: Insurance requirements · as of Oct 5, 2026

In California, a driver counts as underinsured only if their coverage is less than the uninsured motorist limits on your car.

Uninsured motorist property damage coverage pays up to $3,500 for damage to your car. It pays only if the uninsured driver is identified.

Source: California Department of Insurance: Auto Insurance 101 · as of Oct 5, 2026

If the driver is unknown, California law requires that their car touched you or the car you were in. You must report the crash to police within 24 hours, and give your insurer a sworn statement within 30 days.

California law also sets a two-year limit from the crash. By then, one of three things must happen. You sue the uninsured driver, you and your insurer agree on the amount, or you send your insurer a written arbitration demand by certified mail. Arbitration is a private hearing instead of court. A court can excuse a missed deadline in some cases.

What are the rules in New York?

In New York, each driver must have at least 25/50/10 in coverage for harm to others. Every policy must also have UM coverage for injuries. Extra coverage, called SUM, can pay when the other driver has too little.

That means $25,000 for injury and $50,000 for death of one person, and $50,000 for injury and $100,000 for death of two or more people.

Source: New York DMV: Insurance requirements · as of Oct 5, 2026

Property damage coverage must be at least $10,000.

Source: New York Vehicle and Traffic Law § 311 · as of Oct 5, 2026

New York’s basic required uninsured coverage pays for injuries in crashes in New York State. An add-on or SUM coverage can cover crashes in other states. It does not pay for damage to your car.

When you first buy a policy, your insurer includes SUM equal to your own injury limits, unless you decline it. SUM payments are lowered by what you get from the other driver’s insurer.

Some people have no policy of their own or in their home. If one of them is hurt in New York while walking, by an uninsured or hit-and-run driver, or while riding in an uninsured car, DFS says they may be able to claim through the Motor Vehicle Accident Indemnification Corporation, or MVAIC.

New York law gives these claims set time limits. In most cases you file a sworn statement with MVAIC within 180 days. For a hit-and-run, the crash must be reported within 24 hours, and you file within 90 days. The law excuses some late steps, such as when a person was too badly hurt to act in time.

Where can I get help if my claim is disputed?

Your state’s insurance office takes complaints about insurers. It can also answer questions. In Texas, an insurer that turns down your claim must tell you why in writing.

Texas: call the Texas Department of Insurance at 800-252-3439. Complaints must be in writing, and you can use its online portal.

Florida: call the state’s insurance consumer helpline at 1-877-693-5236. California: call the Department of Insurance at 1-800-927-4357. New York: file a complaint online with the Department of Financial Services.

What if I want to talk with a law firm about the crash?

You can file a UM or UIM claim with your own insurer yourself. Your insurance card should have a number you can call to report a claim.

Some people also want to ask a law firm about a claim against the other driver. People’s Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.