Browse TopicsInsuranceFind an AttorneyAbout UsAbout UsContact Us

Does Filing an Uninsured Motorist Claim Increase Your Premium?

Filing any insurance claim raises a reasonable question: will this cost me more later? With uninsured motorist (UM) claims, that concern is especially common — after all, you did nothing wrong. Someone else hit you without insurance, and now you're wondering whether using your own coverage to recover will be used against you at renewal.

The honest answer is: it depends. State law, your insurer's rating practices, and the specific terms of your policy all shape the outcome.

How Uninsured Motorist Coverage Works

Uninsured motorist (UM) coverage is a first-party coverage — meaning you file a claim with your own insurance company, not the at-fault driver's. When someone hits you and has no liability insurance (or flees the scene entirely), UM coverage steps in to pay for your injuries, and in some states, your vehicle damage.

Underinsured motorist (UIM) coverage works similarly, but applies when the at-fault driver has some insurance — just not enough to fully cover your losses. Both UM and UIM are carried by the injured person's own insurer.

Because you're filing against your own policy, many drivers assume their rates must go up. That assumption is understandable — but it's not automatically correct.

Can an Insurer Raise Your Rates After a UM Claim? 🤔

In many states, insurers are prohibited by law from surcharging drivers for uninsured motorist claims when the insured was not at fault. The reasoning is straightforward: you didn't cause the accident, and you paid for coverage specifically designed for this scenario.

But this protection is not universal. The rules differ significantly by state:

State CategoryGeneral Rate Impact After UM Claim
States with anti-surcharge laws (UM-specific)Insurer generally cannot raise rates for not-at-fault UM claims
States with broader not-at-fault protectionsRate increases restricted for any not-at-fault claim
States with limited or no surcharge restrictionsInsurer may legally increase rates, depending on policy terms
States that leave it to insurer discretionOutcome varies by company and policy language

Even in states with protective laws, there are often conditions — claim frequency thresholds, definitions of "not at fault," and policy-specific language that affects how the rules apply.

Key Variables That Affect Whether Rates Increase

1. State law Some states explicitly prohibit premium increases after not-at-fault claims. Others have no such restriction. A few draw distinctions based on claim type or frequency.

2. Your insurer's internal rating practices Even where surcharging is permitted, not every insurer will raise rates after a UM claim. Insurers weigh claims history differently. Some treat UM claims as neutral loss events; others factor them into their risk assessments.

3. Whether fault was clearly established If the at-fault driver was uninsured and fled, fault attribution is generally clear. But in some accidents — particularly hit-and-run situations — insurers may conduct their own investigation before determining how to categorize the claim.

4. Claim frequency Even in states with protections, filing multiple not-at-fault claims within a short window can sometimes trigger a policy review or non-renewal. Frequency of claims — regardless of fault — can be a factor in how insurers assess future risk.

5. Policy type and tier Preferred-tier and standard-tier policies may be handled differently at renewal. Your policy's specific terms, endorsements, and your insurer's underwriting guidelines all matter.

The Surcharge vs. Non-Renewal Distinction

It's worth separating two outcomes that often get conflated:

  • A surcharge is a direct rate increase applied because of a claim
  • Non-renewal is a decision by the insurer not to continue your policy at the end of the term

State laws that prohibit surcharges after not-at-fault claims don't always prohibit non-renewal. In some states, insurers retain the right to drop a customer after a certain number of claims — even not-at-fault ones — as long as proper notice is given. These are different legal standards, and both are worth understanding separately.

What Subrogation Has to Do With This ⚠️

When your insurer pays a UM claim on your behalf, it often pursues subrogation — meaning it attempts to recover that money from the uninsured driver directly. This doesn't always succeed (an uninsured driver may have no collectible assets), but it's a standard part of how insurers manage UM losses.

Whether subrogation is pursued or successful doesn't change the immediate question of your premium. But it does reflect the fact that your insurer views UM losses as recoverable in some cases — which is part of why many states treat UM claims differently from at-fault claims when it comes to rate increases.

Why UM Claims Are Treated Differently Than At-Fault Claims

At-fault claims signal something about how a driver operates a vehicle. Uninsured motorist claims — at their core — are about being in the wrong place when someone else broke the law. Regulators in many states have decided that punishing drivers financially for another person's failure to carry insurance creates a perverse incentive: people would avoid using coverage they've already paid for. That policy logic is what drives most state-level anti-surcharge rules.

But the law doesn't always match the intuition. In some states, any claim — regardless of fault — is factored into a driver's risk profile.

The Piece That Only Your Situation Can Answer

Whether filing a UM claim will affect your specific premium depends on the state you're in, your insurer's rating guidelines, your policy language, your claims history, and how your insurer categorizes the claim internally. Some drivers file UM claims and see no change at renewal. Others see rate adjustments or a shift in coverage tier.

Your state's department of insurance typically publishes consumer guides on claim surcharge rules — and your policy's declarations page and endorsements outline what your own insurer has agreed to. Those two sources, specific to your situation, answer what this article can only frame.