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General information only — not legal advice. Published by Edward & Amaury Solicitors, solicitors regulated by the SRA (no. 800525). How that affects what you read.

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Car Insurance Limits and Uninsured Motorist Claims

United States (federal and general)Last reviewed 18 September 2026

The at-fault driver's liability limit is usually the ceiling on what their insurer will pay, and state minimums are low. If they are uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage may pay the difference, which makes checking your own policy an important first step.

State Minimums Are Low

Direct Answer: State minimum liability limits are far below the cost of a serious injury, so if the at-fault driver carries only the minimum, the insurer's payout may be a small fraction of your losses.

California raised its minimum from 1 January 2025 to $30,000 per person and $60,000 per accident for bodily injury and $15,000 for property damage. Texas requires 30/60/25, New York 25/50/10 plus mandatory no-fault, uninsured and supplementary coverage, and Florida requires $10,000 of PIP and $10,000 of property damage liability, without a general bodily injury minimum. A hospital stay alone can exceed such limits.

Uninsured and Underinsured Motorist Coverage

Uninsured motorist coverage pays when the at-fault driver has no insurance or cannot be identified, as in a hit-and-run, while underinsured coverage pays when their limits are too low to cover your losses. It is a claim on your own policy, treated like a claim against the missing or under-insured driver, and it is subject to your own policy limits and terms. Texas insurers must offer UM/UIM and it can be rejected only in writing, and New York makes uninsured motorist cover mandatory.

Making the Claim

Notify your insurer promptly and follow the notice and reporting conditions in your policy, since insurers may deny for late notice. Your own insurer is on the other side of a UM/UIM claim, so it can dispute liability and value, and legal advice is worthwhile.

Frequently Asked Questions

What if the other driver has only minimum insurance?

Their insurer's payout is usually limited to those limits. Your own underinsured motorist coverage, if you have it, may pay additional compensation up to your policy limits.

Do I have uninsured motorist coverage?

Check your policy declarations. Some states require it, others require insurers to offer it, and it can often be rejected in writing, so do not assume you have it.

What if the driver who hit me fled?

Uninsured motorist coverage commonly applies to unidentified drivers in a hit-and-run, subject to your policy's reporting requirements.

Can I sue the driver personally if their insurance is too low?

Yes, but it is only worthwhile if they have assets. Underinsured coverage on your own policy is often the more practical source.

Does using UM/UIM raise my premium?

Rules vary by state and insurer. In many places an insurer cannot surcharge you for an accident where you were not at fault. Ask your insurer.

Can I get a car accident lawyer without paying upfront?

Usually, yes. Car accident attorneys almost always work on contingency, being paid a percentage of the recovery only if the case succeeds. Ask whether the percentage is calculated before or after case costs are deducted, since that changes your net recovery, and read the written agreement before you sign.

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No-Fault vs At-Fault States

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Car Accident Settlement Process

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Liens and Deductions

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. California DMV — Insurance requirements

    California minimum liability limits rose from 1 January 2025 (SB 1107) to $30,000 per person, $60,000 per accident for bodily injury and $15,000 property damage.

  4. Texas Department of Insurance — Auto insurance

    Texas requires liability coverage of at least 30/60/25 ($30,000 per person, $60,000 per accident bodily injury, $25,000 property damage). Uninsured/underinsured motorist coverage must be offered and can be rejected only in writing.

  5. New York DFS — Minimum auto insurance requirements

    New York's minimum liability is 25/50/10 (bodily injury per person / per accident / property damage), with mandatory no-fault (PIP), uninsured motorist and supplementary uninsured/underinsured coverage.

  6. Florida HSMV — Insurance requirements

    Florida requires $10,000 personal injury protection (PIP) and $10,000 property damage liability, with no general bodily injury liability requirement for most drivers.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: Contingency fee rules are set state by state. Check your own state's rules before acting.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. ABA Model Rule 1.5 (Fees)

    Model, not law. Each state adopts its own version. Rule 1.5(d) bars contingency fees in most domestic relations matters and in criminal defence.

  2. Cornell LII — contingency fee
  3. Federal Rule of Civil Procedure 54(d) (costs to the prevailing party)

    A losing plaintiff may be ordered to pay the defendant's taxable costs. There is no US equivalent of QOCS.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.