After a hit-and-run, most victims feel helpless — the driver is gone, and they assume there's no one to file a claim against. But most states provide a critical safety net: your own Uninsured Motorist (UM) coverage.
UM Coverage Requirements by State
Uninsured Motorist coverage requirements vary: Mandatory UM states include California (Insurance Code §11580.2), New York, Illinois, Oregon, and many others — your auto policy must include UM coverage by law. Offer/reject states like Texas and Florida require insurers to offer UM coverage, but you can decline it in writing. Optional UM states leave the decision entirely to the policyholder. If you're in a mandatory UM state, this coverage applies to hit-and-run accidents — even if the fleeing driver is never identified. You don't need to find the driver to collect.
How UM Claims Work After a Hit-and-Run
You file a claim against your own insurance company, which pays for your injuries, lost wages, and pain and suffering up to your policy limits. In most states, your insurer cannot raise your rates for filing a UM claim after a hit-and-run. Some states (like California) have no deductible for UM claims; others may apply a deductible depending on your policy terms.
Your Insurer Is NOT Your Friend
Even though you're filing a claim against your own policy, your insurance company will work to minimize your payout. They'll dispute injury severity, challenge medical treatment, and argue comparative negligence. You need an attorney who treats UM claims just as aggressively as third-party claims.
UM Arbitration and Litigation
If your insurer refuses to pay fair value, most states provide dispute resolution mechanisms — either binding arbitration (as in California) or the right to sue your own insurer (as in Texas and many other states). We have extensive experience winning UM disputes and recovering maximum value for hit-and-run victims across the country.
Even Pedestrians and Cyclists Qualify
If you were a pedestrian or cyclist hit by a fleeing driver, your own auto policy's UM coverage typically still applies in most states. You don't need to have been driving to access this coverage.
Contact Bond Legal at (866) 423-7724. No attorney fees unless we win.
