An uninsured motorist clause is a provision commonly found in United States automobile insurance policies that provides for a driver to receive damages for any injury he or she receives from an uninsured, negligent driver.
The ramifications related to being hit by an underinsured motorist vary by individual state laws.
[citation needed] It is mandatory for the insurance carrier to provide such coverage in some states, such as Pennsylvania, Illinois, Maryland, and New York.
Most states require a victim to sue the uninsured motorist (or a fictitious John Doe hit and run driver when litigating the second category of uninsured motorist claim) for his injuries in order to prevail on a breach of contract action against the insurance carrier.
The insurance company will ordinarily pay the judgment, up to the policy limits, once a court determines that an uninsured motorist was at fault.