If you are hit by an uninsured driver, it’s important to know what to do. It’s also important to protect yourself from financial loss through the purchase of uninsured motorist coverage.
Speak to an Oregon Car Accident Attorney Now: (503) 227-1233
In the early morning of April 15, 2025, a passenger truck crashed into a brewery in downtown Vancouver Washington, just north of Portland, Oregon. Accident footage shows the truck careening into the seating area at what appears to be full speed. The driver was hospitalized with serious injuries.
The crash occurred around 2:40 AM at the intersection of Main Street and East McLoughlin Boulevard. When police arrived, they found the driver ejected from his totaled vehicle, about 15 feet away from his truck. While Vancouver police have not released details about his condition, they were described as serious.
The driver who caused the collision was driving uninsured and driving with a suspended license. Authorities believe the truck was going at least 60 miles per hour at the moment of impact.
While this event did not involve other drivers or pedestrians, it offers us a chance to discuss what to do after a collision involving an uninsured driver.
Read More from DeShaw Law: Oregon Uninsured Motorist / Underinsured Motorist Coverage
What percentage of drivers are uninsured?
Uninsured drivers are more common than you might think; the Insurance Research Council reported that 14% of drivers are uninsured. Many people choose to drive without insurance due to the cost, a lack of responsibility, or because their license is revoked or suspended. Since 14% of drivers are uninsured, this helps you understand the necessity of buying uninsured motorist insurance coverage.
Read more facts and statistics from the Insurance Information Institute about uninsured motorists.
What does Uninsured Motorist insurance cover?
Uninsured Motorist ("UM") insurance claims compensate injured people for the same things that would be covered if you were making a personal injury claim against the other driver; past and future health care bills, past and future wage loss, and the personal losses (sometimes called "pain and suffering"). There are some cases where additional types of claims can be made.
There may be separate coverage under your own auto insurance policy for UM/UIM vehicle damage that may set a maximum cap on compensation for damage or total loss of your vehicle. This may also be part of what some auto insurers call “comprehensive coverage.” This may result in your own insurer paying for your vehicle damage, subject to the deductible amount you have chosen when buying your car insurance.
Pedestrians and bicyclists hit by an uninsured motorist may also make claims against their Personal Injury Protection insurance of their auto policy (or in some cases the auto insurance of a family member in the same household) to cover their health care treatment.
A personal injury lawyer with experience in Uninsured Motorist claims can help you better understand what can be claimed in your case.
How much UM/UIM coverage do I have?
Oregon requires all auto insurance policies to have UM/UIM coverage unless it is waived in writing by the owner of the policy. The amount should be shown on the "declaration page" or "Dec page" at the beginning of your auto insurance policy. The minimum amount of Underinsured Motorist coverage in Oregon is $25,000 per person, and $50,000 per incident (the combined amount available for all people injured.)
In Oregon, the amount of UM/UIM coverage must be equivalent to the amount of your liability policy, unless you pay for a higher amount of UM/UIM coverage.
Washington does not have mandatory UM/UIM coverage. The insurer must offer you UM/UIM coverage and if you decline it you must sign a waiver form. But, given the high percentage of uninsured drivers, it is recommended that you purchase optional UM/UIM insurance to protect you and your family.
What To Do If You Are Hit By An Uninsured Motorist
Being involved in a car accident is stressful—and it becomes all the more so when the other driver is uninsured. This situation leaves many drivers unsure of what to do, and seemingly without recourse for financial compensation. How do you recover your losses when the other party isn't insured to cover your losses?
The intent of insurance is to cover your losses even in the event an uninsured person hurts you. After an accident caused by an uninsured driver, you use the Uninsured / Underinsured Motorist coverage in your own auto insurance policy by filing a claim (often referred to as a “UM/UIM claim”).
While a part of your auto insurance called "Personal Injury Protection" or "MedPay" covers your medical costs, UM/UIM claims cover the value of your bodily injuries by paying the value of what the other driver would have paid if they had insurance. Your insurer "steps into the shoes" of the at-fault driver, and covers what the other driver's insurance coverage would have paid, so you aren't left paying out of pocket or without compensation for your injuries.
How To File an Uninsured Motorist Claim
Filing an uninsured motorist claim involves several steps.
As with any car crash, ensure that you gather all necessary documentation from the accident scene including the other drivers name, address, phone number, and license plate number. Get the names of any witnesses to the collision and talk to the police if they arrive.
With an Uninsured Motorist claim it is crucial to file your claim immediately with your own insurance company (within 72 hours at most). Some insurers have policy language requiring an uninsured motorist claim to be filed within 72 hours in order for it to be accepted. Follow your insurer's instructions closely, and start the process promptly to avoid delays or legal issues. You may wish to work with a personal injury lawyer to streamline the process.
Report the Accident
After an accident with an uninsured motorist, you will need to file a police report and disclose the incident to your insurance company within 72 hours. They will ask you to provide all evidence and documentation for what happened, so be as thorough as possible. Make sure you include any accident photos, witness testimony, auto body details and medical records that are pertinent to your case. A list of necessary documents includes, but may not be limited to:
-
Contact details of the other driver
-
Names and numbers of witnesses
-
The police report
-
Photos of the accident (Capture wide shots of the entire scene. Don't forget close-ups of the damage to all involved vehicles.)
-
License plates of all vehicles involved
-
Witness statements
-
Medical bills and records
-
Information about your insurance including liability, personal injury protection (PIP), and UM/UIM coverage
The insurer may ask you to settle your case at this time. These are often called "first call settlements" within the insurance industry. This is a well known insurance company tactic to underpay personal injury claims. It is strongly advised to not settle your claim quickly given that you will not know the full extent of your injuries, the amount of treatment they may require, or the personal and financial effect they will have on you long term. In particular be careful if you have a traumatic brain injury or are under the influence of prescription medication for your injuries.
You may wish to work with a personal injury lawyer to make sure no information gets missed; any miscommunication about the accident can slow the settlement process tremendously.
Keep up Communication
When communicating with your insurance company, always try to respond promptly to any requests for more information. Be clear and honest in all your communication; if you are working through a personal injury attorney, you will not be in contact with the insurance company. Be sure to stay in regular contact with your law firm to make sure they have what is necessary to communicate with the insurers on your behalf.
Your personal injury lawyer will check your policy and help you understand your coverage. Be sure to ask questions so you understand each step of the process.
If you are dealing directly with an insurance company without a lawyer, be prepared to wait to hear back from your insurance company, as your claim may take time to investigate.
When to Hire a Car Accident Lawyer on a UM/UIM Claim
Legal advice is not always necessary, but it can be invaluable. If you're unsure about your claim, consult a lawyer. They can clarify uncertainties and advise on complex situations, particularly if if you are seriously injured, your insurance company denies your claim, interferes with your necessary health care, or offers a low settlement.
While some people may be resistant to hiring a car accident lawyer for a UM/UIM claim, legal representation is sometimes necessary to resolve your claim fairly and promptly. If the legal or insurance process becomes complex—or you are facing significant injuries or bills—hiring an attorney can simplify the process, and expedite its resolution.
If the at-fault driver has no insurance or insufficient coverage, your own UM/UIM policy may be your only avenue for compensation. Unfortunately, UM/UIM claims may be complicated through state-specific laws and strict deadlines (called “statutes of limitation”). You will need to prove your damages (losses), and sometimes even liability (who is at fault).
An experienced attorney can evaluate your case, gather evidence, and negotiate with your insurance company to maximize your compensation, especially if your injuries are severe, liability is unclear, or your insurer is uncooperative. By handling negotiations and legal complexities, a car accident lawyer can relieve your stress and increase the likelihood of a favorable outcome on your UM/UIM claim.
Can I Stack Uninsured Motorist policies?
Yes. In some cases there are multiple Uninsured or Underinsured Motorist policies that can stack on top of each other to provide additional insurance coverage for someone with serious personal and financial losses. In some cases this could be due to multiple separate auto insurance policies in the same household. In other cases it may combine the Uninsured Motorist coverage of a driver and a passenger. In rideshare or taxi cases on behalf of an injured passenger, it could involve stacking Uber or Lyft's company insurance, the driver's insurance, and the passenger's insurance. Our lawyers have handled Uninsured or Underinsured Motorist cases involving all of these scenarios, providing multiple times more insurance for our seriously injured clients.
Given that our Portland personal injury law firm deals with serious injury cases, finding all of the insurance coverage available is an important part of what our lawyers do in auto accident cases.
Can you have a Uninsured Motorist and Underinsured Motorist claim in the same crash?
Yes. If you were hit by an uninsured driver you would have an Uninsured Motorist claim against that person. If another driver is also at fault for the same crash, but pays their full insurance policy to settle your claim, you may also have an Underinsured Motorist claim against your policy for that person's fault. This results in you having both an Uninsured Motorist and Underinsured Motorist claim as part of a case where more than one party is at fault. You can also have complex situations in which there are two drivers and a passenger has a separate auto policy (or multiple auto policies.)
Part of the benefit of hiring a great lawyer with significant experience in UM/UIM claims is to ensure you are getting full and fair compensation for your injuries by ensuring your claim is evaluated with the knowledge of all insurance coverage available for that compensation. (This skill set is also important in serious cases involving commercial vehicles or trucks where there may be multiple insurance policies or defendants with different insurance policies. We have cases where we have multiple defendants, each with multiple insurance policies and in serious injury cases the coverage may be necessary from all of these insurers.)
When to Accept a Settlement on your UM/UIM Claim
Settlements occur when parties agree on compensation without court intervention. Both parties avoid lengthy lawsuits this way. An agreeable settlement offers quicker resolution and financial relief for the injured person. Settlements sometimes feel safer than going to trial, particularly if your case is complex, but they may not be ideal if the settlement value is significantly less than your damages.
You have the right to accept any settlement that feels fair to you—but you also have the right to consult with an attorney before deciding what to do. Always weigh your options carefully; accepting a settlement often means that you cannot reopen the claim if future expenses become apparent later.
Important! You may destroy your Underinsured Motorist case with another insurer by accepting a settlement offer
Some insurance policies contain language that require an Underinsured Motorist insurer to approve of a settlement. If you do not get approval first from that insurer, you will destroy that claim by accepting an offer from one Uninsured Motorist insurer. (This also applies where the other driver is insured and that insurer makes an offer.)
Be very careful you know all of the insurance policies available, and get approval from each, before you accept a settlement offer.
Frequently Asked Questions about Uninsured Motorist Insurance
What is Uninsured Motorist (UM/UIM) Insurance Coverage?
Uninsured motorist coverage is a safety net within your insurance policy. It protects you when the at-fault driver lacks insurance. This coverage pays for your personal and financial losses after an uninsured crash. It's an essential part of your auto insurance policy. It is not considered liability insurance or health insurance, but rather a standalone protection for one specific type of auto accident.
Is UM/UIM coverage required?
Uninsured motorist coverage requirements vary by location; some states require it, while others make it optional. For example, UM/UIM insurance is not required in Washington State, but Oregon requires that all drivers carry UM/UIM insurance for at least $25,000 per person and $50,000 per accident.
Should I add UM/UIM coverage to my insurance policy?
Adding uninsured motorist coverage can prevent financial hardship after an accident. It ensures you won't have to cover all costs alone. We recommend that you review your policy to understand your coverage limits. This knowledge can offer peace of mind and financial protection on the road.
What happens after an accident with an uninsured motorist?
After a hit-and-run accident—or any accident where the other driver cannot provide proof of insurance—always start by ensuring that no one is injured. Your priority must be safety for everyone involved, including yourself. If possible, move your vehicle to a safe location to help prevent further accidents and keep the area clear for emergency services.
Collect and exchange information with the other driver, give a statement for the police report, and notify your insurance company as soon as possible to begin your claim. You may wish to retain a car accident lawyer to assist with your claim. To speak to a UM/UIM lawyer in Oregon, call (503) 227-1233.
Do You Have Enough Insurance? How To Protect Yourself From Financial Loss After an Accident
At DeShaw Law, we truly believe in being prepared. We represent a high percentage of doctors, executives, professionals, programmers and other high income earners. While we stand ready to fight insurance companies and get injured people the help they need, we also focus on future protection; reviewing and updating your auto insurance today is an important preventative step.
Review your policy today, and ask your insurance agent any questions about the details that are unclear to you. Familiarity with your policy ensures you're not caught off guard. You may consider adding or increasing your uninsured motorist coverage and Personal Injury Protection - the types of insurance that cover you and your family in the event you are hurt by someone else. Having sufficient coverage limits is vital to protect against significant losses. In an accident, low limits could leave you financially vulnerable. Adequate coverage minimizes the risk of being financially devastated by the actions of an uninsured or underinsured driver.
Also, be sure to keep a record of your current insurance documents and important contacts. This preparedness can speed up response time in an emergency. Having everything in order reduces the stress of dealing with unexpected accidents. Being proactive provides peace of mind.
A Very Important Note on Buying UM/UIM Insurance Coverage
Since UM/UIM coverage is the insurance coverage that protects you and your family (as opposed to your liability for causing a crash that hurts someone else) it is important to buy as much UM/UIM insurance as possible, particularly if you have high income. Washington doesn't require UM/UIM at all. Oregon's minimum is $25,000 per person - not nearly enough if you are permanently injured by an uninsured driver.
Larger insurers will sell policies up to $1,000,000 for UM/UIM insurance even if you keep your liability policy lower. In some cases, some insurers may write a higher policy. Discuss this with your insurance agent.
It is very important to note that for people with an umbrella policy that covers both your home and cars, the umbrella policy covers your liability but does not compensate you or your family if you are injured by a person who is uninsured or underinsured for the injuries they cause to you. Only UM/UIM covers your injuries.
Most insurers will write an umbrella policies for your liability on your cars and house once you buy liability coverage of $250,000. But, by buying an umbrella policy for liability, your UM/UIM coverage does not go up. It stays at $250,000 per person. If you are seriously injured, this will not be enough to pay for your permanent personal and financial losses and could result in financial devastation for you and your family. Historically approximately 70% of our clients are insufficiently insured for the amount of their personal and financial losses from a crash even when adding all liability, uninsured and underinsured policies together. This shortfall falls on the injured person who often cannot work for the rest of their lives and faces ongoing medical bills. This is not a position you want to be in.
It is advised that you buy as much UM/UIM coverage as possible, as this is usually not expensive coverage and is there to cover you (to the maximum of the UM/UIM policy value) in the event you get seriously injured.
Accidents are unpredictable—but preparation can limit the permanent financial consequences that an uninsured driver can cause in your life.