Average Underinsured / Uninsured Motorist Settlement (2024)

The average payout for an uninsured motorist settlement in the United States is $128,129 and the media settlement is $30,270, which more accurately reflects the typical settlement. Factors that affect how much an uninsured motorist claim is worth includes the severity of injuries, total medical expenses, and available uninsured motorist (UM) coverage.

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Average underinsured / uninsured motorist settlement chart (2024)
Average underinsured / uninsured motorist settlement chart (2024)

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Note: This data is based on over 580 cases where the plaintiff was hit by an uninsured or underinsured motorist recorded by Thomson Reuters in the last 5 years (between 2019 and 2024)

  • Median settlement = $30,270: The median more accurately reflects the typical underinsured / uninsured motorist settlement because the calculation is less subject to being skewed by extremely high or low settlement amounts.
  • Average settlement = $128,129: The average settlement amount is the sum of all cases include a underinsured / uninsured motorist claim divided by the total number of settlements (total cases = 582).
  • Highest settlement = $11,025,000: In an unfortunate accident, an individual, described as having the functionality similar to a young child, sustained a dislocated shoulder and a significant lower leg injury that required surgical intervention. This injury did not heal as expected, necessitating future surgeries. The accident occurred when the individual was struck by a hit-and-run driver shortly after exiting a transportation vehicle. It was reported that there was no supervision provided to the individual at the time they exited the vehicle. The transportation company involved was covered by multiple insurance policies which contributed to a settlement. A portion of the settlement was designated to be placed into a special needs trust to support the ongoing care of the individual.
  • Lowest settlement = $3,593: In an accident, an individual and a minor were in a vehicle that was stopped at a stop sign when their car was rear-ended by an unidentified driver who then fled the scene. Both individuals sustained neck and back injuries from the collision. The individual, acting on their own behalf and as guardian for the minor, pursued a claim against their uninsured/underinsured motorist insurance provider, arguing that due to the timely filing of the claim related to the accident, compensation was warranted under the insurance policy terms. They sought compensation for personal injuries, medical expenses described as significant, pain and suffering, lost wages, and loss of earning capacity, in addition to interest, legal fees, and court costs. A settlement was reached that provided $5,000 to the minor, approved by the court through an order that ratified the settlement agreement.

Uninsured Motorist Settlement Examples

  • $4.4K settlement: In an accident, a minor was a passenger in a vehicle that was struck by another vehicle driven by an uninsured motorist. The minor was covered under an insurance policy, which was claimed against for benefits. The minor sustained injuries to the spine, neck, and legs. It was claimed that the uninsured motorist was negligent and that there was a breach of contract and refusal by the insurer to pay the claimed benefits. Although the insurer initially denied these claims, they eventually agreed to settle the matter.
  • $19K settlement: In an accident, a minor was a passenger in a vehicle involved in a collision with another vehicle. The minor was covered under an insurance policy that included uninsured/underinsured motorist benefits. The individual sustained spine injuries and a lumbar strain/sprain from the collision. It was claimed that the driver of the other vehicle was negligent and that the insurance company was obligated to pay uninsured/underinsured motorist benefits due to the insufficient coverage of the at-fault party. The matter involved asserting claims against the driver for negligence and against the insurance company for the benefits due under the policy.
  • $50K settlement: In a case involving a minor who was a passenger in a vehicle struck by an uninsured driver, a claim was made for uninsured/underinsured motorist benefits. The claim was filed against the insurance company that provided the insurance policy covering the vehicle in which the minor was traveling. The legal action sought to secure benefits under the insurance policy due to the accident caused by the uninsured motorist. The matter pertained to securing the necessary compensation to cover the losses and injuries sustained by the minor in the accident.
  • $100K settlement: A bicyclist sustained injuries to the jaw and shoulder after being struck by a vehicle. The bicyclist was covered under an insurance policy with underinsured motorist (U.I.M.) provisions. It was contended that the vehicle’s operators were negligent, and that the insurance company was responsible for paying the U.I.M. benefits due. A settlement was reached where the bicyclist received $100,000, with part of the settlement paid by the vehicle’s operators and the remainder by the insurance company. This settlement addressed the injuries sustained and the responsibilities under the insurance policy.
  • $250K settlement: In an accident, a pedestrian was struck by a motor vehicle in a marked crosswalk. The vehicle was operated by an underinsured motorist. The individual sustained multiple injuries including a lung injury, rib fracture, head injuries, spine injury, kidney injury, and knee ligament damage. A settlement of $250,000 was reached, with a portion coming from the motorist’s insurer and the remainder from the underinsured motorist coverage of the pedestrian’s policy. The parents of the pedestrian filed a petition, asserting negligence on the part of the driver who failed to yield the right-of-way and drove at an unsafe speed.
  • $500K settlement: In an accident, an individual’s vehicle was struck by another motor vehicle. The individual had uninsured/underinsured motorist protection through their vehicular insurance policy. They sustained significant physical injuries, including disfigurement and a resulting disability that led to a determination of incompetence. The individual filed claims against the driver for operating the vehicle negligently and against their insurer for not paying the uninsured/underinsured motorist claim and compelling litigation unnecessarily. Allegations were also made against the insurer for violating consumer protection laws and failing to act in good faith. A settlement was reached where the total compensation amounted to $500,000, with a part paid by the at-fault driver’s insurer and the majority by the individual’s own insurer.

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Factors That Affect Uninsured Motorist Settlement Amounts

Here are examples of how various factors can affect settlement amounts in uninsured motorist accidents, including potential scenarios and calculations:

Severity of the Injuries: The more severe and lasting the injuries, the higher the potential settlement. Serious injuries that require extensive medical treatment, surgery, or long-term care tend to result in higher compensation.

🛈 Example: A victim suffers a spinal injury resulting in partial paralysis. Such a severe injury requires extensive medical treatment and potentially lifelong care, which can push the settlement amount into the higher six or even seven figures to cover these extensive needs.

Medical Expenses: Related to the severity of injuries, the total amount of medical bills incurred plays a significant role. This includes past, present, and estimated future medical expenses.

🛈 Example: The total medical bills amount to $50,000 for emergency care, hospitalization, and physical therapy. Future medical treatments are projected at $100,000. Therefore, the claim might include at least $150,000 just for medical expenses.

Lost Wages and Earning Capacity: If the injury impacts the victim’s ability to work, either temporarily or permanently, compensation can include lost wages. If there’s a decrease in earning potential due to long-term effects of the injury, this can also significantly increase the settlement amount.

🛈 Example: The victim, a construction worker earning $60,000 annually, misses six months of work, equating to $30,000 in lost wages. Additionally, due to a lasting disability, they can only perform lighter duties at a reduced salary of $40,000 annually, potentially leading to a claim of over $500,000 in lost future earnings, calculated over the expected working life.

Pain and Suffering: This non-economic damage refers to the physical and emotional stress caused from the injuries, which can vary greatly depending on the individual case.

🛈 Example: Due to severe back injuries and chronic pain, the victim experiences significant discomfort and depression, impacting their daily life and well-being. Compensation for pain and suffering could be valued at twice the medical costs, adding another $300,000 to the settlement.

Punitive Damages: In some cases, if the uninsured motorist’s behavior was particularly reckless or egregious, punitive damages might be awarded to punish the wrongdoer and deter similar actions in the future.

🛈 Example: If the uninsured motorist was intoxicated and driving recklessly at the time of the accident, the court may award punitive damages to deter such behavior. This could potentially add a punitive sum, say $100,000, to the settlement.

Policy Limits: Settlements often depend on the limits of the uninsured motorist coverage carried by the victim or any applicable third-party insurance policies. These limits can cap the maximum amount recoverable from the insurance company.

🛈 Example: The victim has uninsured motorist coverage with a policy limit of $100,000. Even if the damages exceed this amount, the insurance payout cannot surpass the policy cap, which limits the maximum recovery to $100,000 unless other assets are pursued legally.

Legal and Negotiation Skills: The ability of the legal representatives to negotiate and argue the case effectively can play a significant role in the amount of the settlement. Experienced attorneys may be able to secure higher compensation through their understanding of the law and negotiation tactics.

🛈 Example: An experienced attorney negotiates aggressively with the insurance company, highlighting the severity of injuries and the clear fault of the uninsured motorist. Through effective negotiation, the initial settlement offer of $100,000 might be pushed up to $200,000.

Liability and Fault: Establishing fault is crucial. In some cases, the victim may also be partially at fault, which can reduce the settlement amount under the rules of comparative or contributory negligence.

🛈 Example: The investigation reveals that the victim was 20% at fault for speeding at the time of the accident. If the total damages amount to $200,000, comparative negligence laws might reduce the settlement by 20%, resulting in a final amount of $160,000.

Jurisdictional Variations: Different states have different laws regarding uninsured motorists, which can affect settlement outcomes. For instance, some states require certain minimum coverage limits, while others do not.

🛈 Example: In a state with strong protections for uninsured motorists, the law might allow for full recovery from the victim’s own insurance plus a state fund designed to compensate for such incidents. This can substantially increase the potential settlement amount beyond typical insurance payouts.

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Additional Legal Considerations For Uninsured Motorist Claims

Uninsured Motorist Claims: Occur when the at-fault driver in an accident does not have any insurance coverage. In such cases, the injured party’s own uninsured motorist (UM) coverage can provide compensation for damages like medical expenses, lost wages, and pain and suffering.

🛈 Example: For example, if an individual is hit by a driver who lacks insurance and sustains injuries resulting in $100,000 in total damages, the injured party’s UM coverage can step in to cover these costs, assuming their policy limit is adequate. If their UM coverage limit is $150,000, they would be fully compensated for the $100,000 in damages.

Underinsured Motorist Claims: Involve situations where the at-fault driver’s insurance coverage is insufficient to cover the damages they have caused. If the injured party has underinsured motorist (UIM) coverage, it can make up the difference.

🛈 Example: For instance, if the total damages from an accident are $200,000, but the at-fault driver’s insurance only covers $100,000, the injured party’s UIM coverage can cover the remaining $100,000, given that their UIM policy limit is at least $100,000.

In both cases, the settlement amount can be significantly affected by the limits of the UM or UIM coverage. Without sufficient UM or UIM coverage, the injured party might not be fully compensated for their damages, especially if they face high medical bills and other substantial losses. Thus, these types of insurance are crucial for protecting against financial shortfalls when the at-fault party’s insurance is nonexistent or inadequate.

Each auto accident case is unique, and settlement amounts for individuals who have been injured in an underinsured or uninsured motorist accident will vary based on many factors. Consulting with an experienced personal injury attorney can help ensure that you receive a fair settlement.

Getting started with your injury claim is easy. Just request a free case evaluation online, and a legal team in our network will reach out to you regarding your case. Our network of attorneys includes a team of over 250+ legal professionals throughout the United States with over $1 billion recovered for clients, including those who have suffered injuries as a result of an underinsured or uninsured motorist accident.

Frequently Asked Questions (FAQs)

How long will my uninsured motorist case take ?

Most car accident claims settle within 6 to 12 months, including accidents that involve uninsured or underinsured motorists. However, length of an uninsured motorist case can vary depending on factors such as the severity of injuries, complexity of the case, and responsiveness of the insurance company.

What should I do if i was hit by an uninsured motorist?

If you’re hit by an uninsured motorist, immediately report the accident to the police and seek medical attention. Notify your insurance company, especially if you have uninsured motorist (UM) coverage. Consider consulting a personal injury attorney to ensure you receive fair compensation, as they can help navigate the legal and insurance claim processes effectively.

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We use settlement calculators to help individuals estimate how much compensation they may receive from their personal injury claim. We partner with law firms throughout the United States to help produce the most accurate results. Our content and calculators are created with the help of top-rated attorneys and legal professionals.

Accident type Avg. Settlement
Drunk driver $262,479
Uninsured driver $128,129
Hit-and-run $87,233
Rear-end $181,309
Injury type Avg. Settlement
Back & neck $263,030
Herniated disc $220,066
Concussion $347,046
Whiplash $121,542
PTSD $762,436

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