States That Require Uninsured Motorist Coverage

The Uninsured Driver Problem — and How States Respond Differently

Roughly 1 in 8 American drivers carries no auto insurance at all. In some states it's closer to 1 in 4. When an uninsured driver causes an accident, the injured party faces a stark choice: sue someone who has nothing to collect, or absorb the loss themselves.

Uninsured Motorist (UM) coverage exists to close this gap. But whether your state requires you to carry it, allows you to reject it in writing, or says nothing about it at all varies dramatically. The difference can mean tens of thousands of dollars in uncovered medical bills after an accident that wasn't your fault.

This guide maps exactly where each state stands — and explains what the variation actually means for your coverage decisions.

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States That Mandate Uninsured Motorist Coverage

In these 20 states and D.C., every auto liability policy must include UM coverage at or above the minimum below. You cannot reject it below that floor:

UM = Uninsured Motorist. UIM = Underinsured Motorist. PD = property damage.

New Hampshire sits outside both lists: car insurance itself is optional there, but any liability policy that is bought must include uninsured motorist coverage at the same limits as the liability coverage (RSA 264:15).

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States That Require UM to Be Offered — But Allow Written Rejection

This is the most common middle ground. These states require insurers to include or offer UM/UIM — but drivers can reject it in writing to reduce their premium:

States in this group include: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Montana, Nevada, New Mexico, Oklahoma, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Washington, Wyoming

What "rejection in writing" means in practice: You sign a form saying you understand what you're waiving. In some states, this waiver must be renewed every policy term. In others, it applies permanently until you opt back in.

The risk of rejecting: If an uninsured driver totals your car and puts you in the hospital, you have two options — sue them personally (often fruitless) or use your own health and collision coverage. Medical bills from a serious accident routinely exceed $100,000.

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States With No UM Requirement (Not Required, Not Mandated to Offer)

Only two states impose no UM-related requirement on the policy at all:

Note: Alaska, Delaware, Hawaii and Idaho are sometimes listed here, but each requires insurers to offer UM/UIM and accepts only a written rejection (AS 28.22.201; 18 Del. C. § 3902; HRS § 431:10C-301; Idaho Code § 41-2502).

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UM vs. UIM: An Important Distinction

These two coverages are often confused but protect against different situations:

Many states mandate both together. A few — like Missouri and Massachusetts — only require UM, leaving you exposed to underinsured drivers.

Which is more common? Underinsured claims actually outnumber uninsured claims in most states. Many drivers carry only the state minimum liability — which is frequently inadequate for serious accidents. A 25/50 policy pays a maximum of $50,000 for all injuries combined in one accident. A single hospitalization can exceed that.

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The Uninsured Driver Rate Problem: State Comparison

Uninsured driver rates directly determine how much risk you face from carrying minimal or no UM coverage:

The pattern is striking: states that mandate UM coverage tend to have lower uninsured driver rates. This isn't coincidental — required coverage enforcement raises the floor.

Mississippi's 29% uninsured rate means nearly 1 in 3 drivers you encounter on a Mississippi road has no insurance. Yet Mississippi has no UM mandate.

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Stacking: The Rule That Multiplies Your Protection

In states that permit stacked UM coverage, you can add the UM limits of multiple vehicles on your policy together to form a larger pool of coverage.

Example — stacked: You have two cars on your policy, each with $50,000 UM coverage. Stacked, your UM pool is $100,000 for an accident involving either vehicle.

Example — non-stacked: Same policy, but non-stacked. Your UM coverage per accident is $50,000 regardless of how many vehicles are on your policy.

If you own multiple vehicles and live in a stacking state, carrying UM/UIM on all of them compounds your protection significantly — often for a modest additional premium.

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What UM Coverage Actually Pays

UM coverage in most states pays for:

• Medical expenses — ambulance, hospital, surgery, rehabilitation
• Lost wages — if injuries prevent you from working
• Pain and suffering — in at-fault states (no-fault states have lawsuit thresholds)
• Wrongful death — benefits to surviving family members
• Passenger injuries — your UM covers passengers in your vehicle

What UM typically does NOT cover:

• Vehicle damage (that's Uninsured Motorist Property Damage — a separate coverage)
• Injuries to the other driver
• Losses exceeding your UM limit

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How to Read UM Limits

UM limits are written as two numbers: per-person / per-accident.

Example: 25/50

• $25,000 maximum for any single person's injuries
• $50,000 maximum for all injuries combined in one accident

A family of four in a serious accident could generate $200,000+ in medical claims. A 25/50 policy pays a maximum of $50,000 total — leaving $150,000+ either uncovered or pursued through other means.

Recommended minimums — most insurance professionals suggest:

• At minimum, match your UM limits to your liability limits
• $100,000/$300,000 is a common practical recommendation
• Umbrella policies can extend UM coverage beyond primary policy limits in some states

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Frequently Asked Questions

Does UM coverage apply to hit-and-run accidents?

In most states, yes — with conditions. Typically, there must be physical contact with the hit-and-run vehicle (to prevent fraudulent claims). Some states allow "phantom vehicle" claims without physical contact if there are independent witnesses.

Is UM the same as MedPay?

No. MedPay (Medical Payments) coverage pays your immediate medical bills regardless of fault — but doesn't compensate for lost wages or pain and suffering. UM provides broader protection but is a fault-based coverage (the other driver must be at fault and uninsured).

Does my UM coverage apply if I'm hit as a pedestrian?

In most states, yes. UM coverage typically extends to you as a named insured regardless of whether you were in your vehicle at the time — including pedestrian and bicycle accidents involving uninsured motorists.

Can I be denied UM coverage after an accident?

Insurers can contest UM claims, particularly on grounds that the other driver was actually insured, or that physical contact didn't occur in a hit-and-run. Having police reports, witness statements, and prompt reporting strengthens a UM claim significantly.

Why do some states only require UM and not UIM?

UIM coverage is newer and more complex to price. States like Missouri and Massachusetts mandated UM decades before UIM became common. Legislative inertia and insurer lobbying have kept some states from updating their mandate to include both.

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Key Takeaways

• 20 states plus D.C. mandate UM coverage outright — every policy must include it
• Maine, North Carolina, Vermont and Virginia have the highest mandatory UM minimums ($50,000/$100,000)
• 27 states require UM to be included or offered but allow written rejection — most drivers who reject don't fully understand what they're waiving; Michigan and Ohio have no UM requirement at all
• UM ≠ UIM — many states only mandate one; check whether your policy includes both
• Mississippi, Tennessee, and New Mexico combine high uninsured driver rates with no UM mandate — a dangerous combination
• Stacking can significantly multiply your protection in the ~20 states that permit it
• The practical recommendation: carry at least $100,000/$300,000 UM/UIM regardless of your state minimum

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Important Disclaimer

This guide provides general information about uninsured motorist coverage requirements based on publicly available sources. State laws change, and specific policy terms vary by insurer. This is not legal or insurance advice.

Always verify current requirements with your state's Department of Insurance and review your specific policy with a licensed insurance professional.

Last verified: September 2026

Sources: Insurance Research Council (IRC), Insurance Information Institute (III), National Association of Insurance Commissioners (NAIC), individual state Departments of Insurance, and the state UM statutes cited in the tables above