UMBI (Bodily Injury) and Hit-and-Run: Usually Covered
In most states, uninsured motorist bodily injury (UMBI) coverage applies to hit-and-run accidents.
UMBI covers: • Medical expenses • Lost wages and future earning capacity • Pain and suffering • Rehabilitation costs • Funeral expenses (if fatal)
Why UMBI covers hit-and-run: You can't collect from a driver you can't identify—just like you can't collect from an uninsured driver. Legislators and insurers recognize that hit-and-run victims need protection, so most states include hit-and-run in UMBI coverage.
State variations:
Majority of states: UMBI covers hit-and-run without requiring driver identification
Some states require physical contact: The hit-and-run vehicle must physically strike your vehicle (or you, if you're a pedestrian). Near-miss accidents—where you swerve to avoid a hit-and-run driver and crash—may not be covered.
Examples: • Virginia: UMBI covers hit-and-run, including phantom vehicles (vehicles you swerve to avoid) • California: UMBI covers hit-and-run only if physical contact occurred • New York: UMBI covers hit-and-run with physical contact requirement • Texas: UMBI covers hit-and-run; physical contact required in most cases
Important: Always check your specific policy. Even within the same state, insurers may have different policy language and requirements.
For a complete overview of UM coverage, see our guide on uninsured motorist coverage.
UMPD (Property Damage) and Hit-and-Run: Often NOT Covered
UM property damage (UMPD) coverage for hit-and-run varies dramatically by state—and is often excluded.
Three common approaches:
1. UMPD covers hit-and-run (minority of states) • States: Virginia, West Virginia, and a few others • Your UMPD pays for vehicle damage even if the driver isn't identified • Often subject to lower limits ($5,000-$25,000)
2. UMPD covers hit-and-run only if driver is identified (many states) • You must provide the other driver's identity or license plate • Without identification, no coverage • Police investigation is critical
3. UMPD excludes hit-and-run entirely (many states) • Hit-and-run vehicle damage is not covered under UMPD • You must use collision coverage for vehicle repairs • States: California, Texas, Florida, and others
Why the difference? UMPD is designed to cover situations where you know the at-fault driver is uninsured. Hit-and-run involves an unknown driver, making fraud easier (false claims of "phantom vehicles"). Insurers and states are more cautious with UMPD hit-and-run coverage to prevent abuse.
Bottom line for vehicle damage in hit-and-run: Collision coverage is your best protection. Collision covers vehicle damage regardless of fault and regardless of whether the other driver is identified. If you don't have collision, UMPD might cover hit-and-run vehicle damage—but only in specific states and often with strict requirements.
For more on collision vs. comprehensive, see our guide on comprehensive vs collision insurance.
Physical Contact Requirement: What It Means
Many states require **physical contact** between your vehicle and the hit-and-run vehicle for UM coverage to apply.
Physical contact includes: • Direct collision (vehicle hits yours) • Sideswipe • Rear-end impact • Vehicle strikes you as a pedestrian or cyclist • Debris or objects thrown from the vehicle that strike you
Physical contact does NOT include: • Near-miss accidents where you swerve to avoid a vehicle and crash • Phantom vehicle accidents (vehicle cuts you off, causing you to swerve and hit a guardrail) • Accidents where the other vehicle causes your crash without touching you
Why the physical contact rule? It prevents fraud. Without a physical contact requirement, anyone could claim a "phantom vehicle" caused their single-vehicle accident. Physical contact provides evidence that another vehicle was involved.
Exceptions: Some states (like Virginia and West Virginia) don't require physical contact. In these states, witness testimony or other evidence may suffice.
What to do if there's no physical contact: • Gather witness statements immediately • Note the other vehicle's description (make, model, color, license plate if visible) • File a police report and explain the circumstances • Take photos of skid marks, road conditions, and damage • Report to your insurer, but understand coverage may be denied without physical contact
Pro tip: Dashboard cameras can provide critical evidence in phantom vehicle cases. Video footage showing another vehicle causing your accident can sometimes overcome physical contact requirements.
How to File a Hit-and-Run UM Claim
Filing a hit-and-run claim is more complex than standard UM claims. Follow these steps carefully:
1. Stop immediately and check for injuries • Do not chase the fleeing vehicle—it's dangerous and may undermine your claim • Check yourself and passengers for injuries • Call 911 if anyone is injured
2. File a police report IMMEDIATELY • This is MANDATORY for hit-and-run UM claims • Provide as much detail as possible: - Time and location - Vehicle description (make, model, color, damage) - License plate number (even partial) - Direction the vehicle fled - Witness contact information • Request a copy of the police report for your insurer
Without a police report, your UM claim will likely be denied.
3. Document the scene • Take photos and videos of: - Your vehicle damage (all angles) - The accident scene (road, traffic signs, skid marks) - Any debris from the other vehicle - Your injuries (if visible) • Note weather and road conditions • Write down everything you remember while it's fresh
4. Gather witness information • Get names, phone numbers, and addresses • Ask witnesses what they saw and write it down • Request that witnesses provide statements to police
5. Seek medical attention immediately • Even if you feel fine, see a doctor within 24-48 hours • Document all injuries and treatment • Delayed medical care can weaken your claim
6. Contact your insurance company within 24-48 hours • Report the hit-and-run • Tell them you want to file a UM claim • Provide the police report number • Submit all photos and documentation
7. Cooperate with the investigation • Your insurer will investigate to verify your account • Provide any additional information requested • Be truthful and consistent—inconsistencies can lead to claim denial
8. Review the settlement offer • Your insurer will evaluate your claim and make an offer • You can negotiate if the offer seems too low • Consider consulting a personal injury attorney for serious injuries
For more on handling claims, see our article on what happens if someone hits me and has no insurance.
What If the Hit-and-Run Driver Is Found Later?
If police identify the hit-and-run driver after you've filed a UM claim:
1. If they have insurance: • Your UM claim may be closed or adjusted • The at-fault driver's liability insurance becomes primary • Your insurer pursues subrogation (reimbursement from the other driver's insurer) • You may receive additional compensation if the other driver's limits exceed your UM payout
2. If they're uninsured: • Your UM claim proceeds as normal • Your insurer may pursue the driver personally for reimbursement • You still receive your UM benefits
3. Criminal charges: • Hit-and-run is a crime in all states • Drivers can face fines, license suspension, and jail time • Criminal cases are separate from insurance claims • Conviction doesn't automatically provide compensation—you still need UM coverage or a civil lawsuit
4. Civil lawsuit: • If the driver is found and has assets, you can sue for damages exceeding your UM limits • If your UM coverage already paid out, your insurer has first claim (subrogation rights) • Criminal restitution may be ordered, but collection is often difficult
Collision Coverage vs. UMPD for Hit-and-Run Vehicle Damage
For hit-and-run vehicle damage, collision coverage is almost always better than UMPD.
Collision coverage: • ✅ Covers hit-and-run vehicle damage in all states • ✅ No driver identification required • ✅ No physical contact requirement • ✅ Covers all types of collisions (hit-and-run, single-vehicle, at-fault) • ❌ Requires paying your deductible ($250-$1,000 typical)
UMPD coverage: • ❌ Often excludes hit-and-run • ❌ Many states require driver identification • ❌ Some states require physical contact • ❌ Limited to lower amounts ($5,000-$25,000 in many states) • ✅ May have no deductible or lower deductible
Recommendation: • If your car is worth $3,000+, keep collision coverage for comprehensive protection • UMPD is useful if you drop collision on an older car, but it's not a complete substitute for hit-and-run protection • UMBI is essential regardless—it covers injuries, not vehicle damage
State-by-State Hit-and-Run UM Coverage
States with strong hit-and-run UM coverage: • Virginia, West Virginia: UMBI and UMPD both cover hit-and-run; no driver identification required; phantom vehicle coverage included • Maryland, North Carolina: UMBI covers hit-and-run; physical contact required • New York: UMBI covers hit-and-run with physical contact
States with limited hit-and-run UM coverage: • California: UMBI covers hit-and-run with physical contact; UMPD excludes hit-and-run • Texas: UMBI covers hit-and-run; UMPD requires driver identification • Florida: UMBI covers hit-and-run; UMPD rarely offered and excludes hit-and-run
How to check your state: 1. Review your policy declarations page 2. Look for "hit-and-run" or "phantom vehicle" language in UM coverage 3. Call your insurer or agent for clarification 4. Check your state's Department of Insurance website
Important: State laws are minimum requirements. Your specific policy may provide broader coverage.
Frequently Asked Questions
Usually yes for injuries (UMBI), but rules vary by state. Most states cover hit-and-run under uninsured motorist bodily injury even if the driver isn't identified. Property damage (UMPD) for hit-and-run varies: some states cover it, some require driver identification, and many exclude it entirely. Collision coverage is the best protection for hit-and-run vehicle damage.
Yes, absolutely. A police report is mandatory for hit-and-run UM claims. Without it, your claim will almost certainly be denied. File the report immediately after the accident—waiting even a few hours can hurt your claim.
UMBI (bodily injury) typically covers injuries even if the driver is never identified. UMPD (property damage) often requires driver identification, so collision coverage is your best option for vehicle repairs. Always file a police report and provide as much information as possible about the fleeing vehicle.
Collision coverage is better for hit-and-run vehicle damage. Collision covers all collisions regardless of fault and doesn't require driver identification. UMPD often excludes hit-and-run or requires identifying the driver. If you have collision, use it for hit-and-run vehicle damage.
A phantom vehicle is a vehicle that causes an accident without physical contact—for example, a car cuts you off, forcing you to swerve and crash. Most states don't cover phantom vehicle accidents under UM unless physical contact occurred. Virginia and West Virginia are exceptions, covering phantom vehicles under UMBI.
No, UM claims are not-at-fault claims and should not increase your rates in most states. However, filing multiple claims (even not-at-fault) within a few years may lead to non-renewal or slight rate increases with some insurers. Always verify with your insurer.