What Is Uninsured Motorist (UM) Coverage?

Getting hit by a driver with no insurance is a rough situation. You did everything right, you paid for your own auto insurance, and now you’re stuck with medical bills, car repairs, and missed work.

That’s where Uninsured Motorist (UM) coverage comes in. UM coverage is part of your own auto policy that can help pay for injuries and damage when the at-fault driver has no insurance, or when it’s a hit-and-run and the other driver can’t be found. 

This blog breaks down UM coverage in plain language, including what it covers, how it works in Texas, and common mistakes people make after a wreck.

What Is the Difference between Uninsured and Underinsured Motorist Coverage?

Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage are parts of your own auto insurance policy. They are designed to protect you when the driver who caused the crash cannot fully pay for the damage they caused. Hence, you need to talk with your own auto insurance company.

Here’s how they work:

• Uninsured Motorist (UM) coverage applies when the at-fault driver has no auto insurance at all, or when the crash is a hit-and-run and the driver can’t be identified.
  
• Underinsured Motorist (UIM) coverage applies when the at-fault driver does have insurance, but their policy limits are too low to cover your injuries or vehicle damage.

In both situations, the issue is the same. The other driver does not have enough insurance to cover your losses. UM and UIM coverage steps in to help fill that gap using your own policy.

Many people refer to this protection as UM/UIM coverage, since the two are closely related and often purchased together.

What Does Uninsured Motorist (UM) Coverage Pay For?

UM coverage can help cover losses when the at-fault driver does not have insurance or cannot be identified. What it pays for depends on how your own insurance policy is set up, but it is usually split into two main parts.

UM Bodily Injury Coverage

UM bodily injury coverage may help pay for costs related to injuries, such as:

• Emergency care and ongoing medical treatment
  
• Hospital stays, follow-up visits, and physical therapy
  
• Lost income if you are unable to work while recovering
  
• Physical pain and the effect the injury has on your daily life

This part of UM coverage is often the most valuable, since injury-related costs can add up quickly.

UM Property Damage Coverage

UM property damage coverage may help pay for:

• Repairs to your vehicle
  
• Replacement of your vehicle if it is totaled
  
• Damage to personal items inside the vehicle, depending on the policy
  

Some UM property damage coverage includes a deductible. The amount and details depend on your policy.

Limits Still Apply

UM coverage is not unlimited. It only pays up to the limits listed in your policy. If your losses go beyond those limits, you may still have out-of-pocket costs.

That’s why it’s important to know how much UM coverage you carry and how it fits with your overall auto insurance.

Is UM Coverage Required in Texas?

UM coverage is not required in Texas, but auto insurance companies are required to offer it when you buy or renew a policy. If you decide you don’t want UM coverage, there’s an important detail many drivers don’t realize, you must clearly decline it in writing.

What does declining UM coverage in writing mean?

Declining UM coverage usually happens when you sign or approve insurance paperwork that specifically says you do not want it. This may include:

• Signing a form when you first buy or renew your policy
  
• Checking and signing a box that declines UM coverage
  
• Confirming your choice through an online or electronic form

Without one of these clear steps, Texas law generally treats UM coverage as part of your policy.

Why Texas handles UM coverage this way

Texas law is designed to protect drivers from being left without options after a crash. Because of that, UM coverage is assumed to be included unless the insurance company can show proof that you declined it.

Why this matters after an accident

After a crash with an uninsured or hit-and-run driver, your insurance company may say you don’t have UM coverage. Often, this claim is based on the idea that you declined it at some point.

If the insurance company cannot produce a signed form or electronic record showing that you rejected UM coverage, Texas law may treat your policy as if UM coverage was included. That’s why it’s important to ask for proof and not rely only on what the insurer tells you.

How much UM coverage should you carry?

There’s no single right answer, but many drivers choose UM limits that match their liability coverage. This helps provide similar protection whether you cause an accident or are hit by someone who cannot pay.

For property damage, it’s often smart to carry enough coverage to repair or replace your vehicle if it’s damaged by an uninsured driver.

Pros and Cons of Uninsured Motorist Coverage

Like any insurance coverage, UM has benefits and limitations. Understanding both can help you decide whether it makes sense for your situation.

Pros of UM Coverage

• Protects you from other people’s choices: You can do everything right and still get hit by someone who doesn’t carry insurance. UM coverage helps protect you from the financial impact of someone else’s mistake.
  
• Provides a backup when there’s no one else to pay: In uninsured and hit-and-run crashes, UM coverage may be the only available source of compensation.
  
• Helps cover costs beyond medical bills: UM coverage may help with lost income and the impact injuries have on your daily life, not just doctor visits.
  
• Can offer peace of mind: Knowing you have a safety net in place can reduce stress after a serious accident, especially when the situation is unpredictable.

Cons of UM Coverage

• It increases your premium: UM coverage is optional, and adding it usually means paying a higher monthly cost.
  
• Coverage is limited by your policy limits: UM only pays up to the amount you selected, which may not cover all losses in a serious crash.
  
• Claims may be challenged: Insurance companies often review UM claims closely, especially in hit-and-run cases or when fault is disputed.

What to Do After a Crash With an Uninsured Driver

Being hit by a driver with no insurance can leave you feeling frustrated and unsure about what to do next. Taking a few careful steps early can help protect your health and make it easier to use your UM coverage later.

1. Call the police and report the crash: This is especially important when the other driver has no insurance or leaves the scene. A police report helps create a record of what happened.
   
2. Get medical care as soon as you can: Even if you feel okay, some injuries show up days later. Seeing a doctor helps protect your health and links your injuries to the crash.
   
3. Take photos at the scene: If it’s safe, photograph the vehicles, the road, traffic signs, and any visible injuries. If the other driver is still there, get photos of their vehicle and license plate.
   
4. Get the other driver’s information: Ask for their name, contact details, and any insurance information they provide, even if you think the coverage may not be valid.
   
5. Talk to any witnesses: If someone saw the crash, get their name and phone number. Witnesses can be hard to track down later.
   
6. Let your insurance company know: UM coverage comes from your own policy, so you’ll need to report the crash and follow your insurer’s steps.
   
7. Be cautious with statements: Try not to guess or downplay how you feel. What you say early can matter later.
   
8. Keep everything in one place: Save medical bills, repair estimates, photos, and any messages about the crash so nothing gets lost.
   
9. Consider getting legal guidance: UM claims can still be questioned by insurance companies. Talking with a lawyer early can help you understand your coverage and avoid common mistakes.

Common UM Claim Mistakes That Can Hurt You

After a crash with an uninsured driver, it’s easy to make choices that seem harmless at the time but cause issues later. A few of the most common ones include:

• Waiting too long to see a doctor. Even if you think you’re okay, delays can make it harder to show that your injuries came from the crash.
• Not reporting a hit-and-run. When the other driver leaves the scene, a police report is often needed to move a UM claim forward.
• Repairing your vehicle before documenting the damage. Photos and repair estimates help show what the uninsured driver caused.
• Assuming the other driver is insured without checking. Some drivers share insurance information that turns out to be expired or not valid.
• Taking a quick settlement too soon. Early offers often come before you know how long recovery will take. Once you accept, you usually can’t ask for more later.

Talk With an El Paso UM Coverage Lawyer Today

After a crash with an uninsured or hit-and-run driver, it’s common to feel confused about what your insurance will actually cover. What seems simple at first can quickly turn into paperwork, delays, and unanswered questions.

If you were injured in El Paso or the surrounding area, the Law Offices of Michael J. Gopin, PLLC can help you make sense of your UM coverage and what options may be available. We take time to review your policy, explain the process in plain language, and help you avoid mistakes that could affect your recovery.

You don’t have to figure this out alone. Contact the Law Offices of Michael J. Gopin, PLLC for a free consultation. We’re available 24 hours a day and ready to listen.

Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...