Uninsured and Underinsured Motorist Coverage Explained by State

If you were hit by a driver with no insurance, or not enough insurance, the first question is usually the same: what coverage still protects me? Uninsured motorist coverage, often called UM, and underinsured motorist coverage, or UIM, are designed for that situation. The exact rules vary by state, and the details in your policy can matter just as much as the law.

This is a recurring-reference guide to UM/UIM coverage by state. It explains the difference between UM and UIM, highlights no-fault and PIP states, and gives you a practical checklist for what to do after a crash with an uninsured or underinsured driver. Last reviewed: 2026-05-24. If your state changes its minimums, PIP rules, or stacking rules, this page should be refreshed.

UM vs. UIM: what each coverage does

In many policies, UM and UIM focus on injury losses first. Some states and some policy forms also allow property damage recovery through uninsured motorist property damage, often shortened to UMPD.

How UM/UIM rules vary by state

Insurance rules are not the same nationwide. Some states require uninsured motorist coverage, some require underinsured motorist coverage, some require both, and some leave one or both optional. No-fault states also add another layer because Personal Injury Protection, or PIP, may pay certain injury costs first.

Note: The evidence pack confirms specific no-fault/PIP states and a Virginia stacking update, but it does not provide a complete statutory chart for every state’s UM/UIM mandate. This table is therefore a living reference focused on what is clearly supported, with state-by-state entries marked for review where the source pack does not confirm a hard rule.

What happens after a crash with an uninsured or underinsured driver

• Document the crash scene, including photos, the other driver’s information, and any police report or incident number.
• Notify your insurer promptly and ask which coverages may apply.
• Identify whether the claim may go through UM, UIM, collision, MedPay, PIP, or another coverage.
• Preserve medical records, discharge papers, repair estimates, and receipts.
• Do not assume the other driver’s lack of insurance ends your recovery options.
• If the other driver fled, ask whether your policy and state law treat the case like an uninsured-driver claim.

If you need a more detailed step-by-step framework for the hours after the crash, use the site’s accident checklist alongside this guide: Car Accident Checklist by State: What to Do, What to Save, and What Deadlines Matter.

How an uninsured-driver claim is usually paid

• You may file with your own insurer under UM or UIM when your policy and state rules allow it.
• If the at-fault driver has some insurance, that liability coverage may need to be exhausted before UIM applies.
• Some states permit recovery for property damage through UMPD, while others rely more heavily on collision coverage.
• Your policy limits and wording control how much is available, even when the claim is otherwise valid.

That is why two drivers with similar injuries can end up with very different outcomes. The state rule, the policy form, and the claim timeline all matter.

Common state-law issues that can change your recovery

• Stacking or combining coverage limits may be allowed in some states and limited in others.
• Minimum liability rules are not the same as adequate protection; a legal minimum can still be too low for a serious crash.
• No-fault systems can change the order in which benefits are paid and how much UM/UIM matters.
• Hit-and-run claims can be handled differently depending on whether the driver is identified and whether your state treats the event as uninsured for coverage purposes.

Do not treat the existence of insurance, or the absence of it, as the final word on your claim. The available coverage often depends on policy language, state law, and how quickly the claim is reported.

What to check on your policy today

• Confirm whether your state requires UM, UIM, or both.
• Compare your UM/UIM limits to your liability limits.
• Check whether property damage UM is included.
• Review renewal notices for changes in required limits or pricing.
• Compare quotes if your state or insurer pricing changes significantly.

For reporting timelines and insurer notice issues, it also helps to review How Long Do You Have to Report a Car Accident to Insurance? State Rules and Exceptions. Reporting deadlines can affect whether a claim is paid or disputed.

When to consider speaking with a lawyer

• Your injuries are serious or the claim is large enough that coverage may not be enough.
• There is a dispute over whether the other driver was uninsured, underinsured, or at fault.
• Your insurer is delaying, denying, or undervaluing the claim.
• You need help understanding stacked coverage, policy exclusions, or state-specific filing issues.

If your crash involved unusual vehicle damage or difficult repair logistics, such as an EV battery fire or specialized repair delay, additional documentation may be important. In those cases, this resource can help frame the next steps: Battery fires and EV repair deserts: getting safe medical care and building a claim after an EV battery injury.

What to revisit on this page

• The state coverage table
• State law changes and effective dates
• Premium or minimum-limit updates
• New guidance on hit-and-run or stacking rules
• The claims checklist after an uninsured-driver crash

Because UM and UIM coverage are easy to underestimate, this is worth checking more than once. A quick policy review today can make the difference between a denied surprise and a usable claim after the next crash.