Insurance & Risk Management Auto Insurance State UM/UIM statutes: difference-in-limits and add-on conventions

Uninsured & Underinsured Motorist Coverage Calculator

Uninsured and underinsured motorist coverage is the only part of an auto policy that pays you for someone else's negligence. It matters because the at-fault driver's limit is frequently the state minimum, and a serious injury exhausts that in an afternoon. This calculator sizes UM and UIM against your own exposure — the medical bills your health plan leaves you, the wages your disability coverage does not replace, and the general damages a claim would carry — then works out what your current limit actually recovers under your state's offset convention, with stacking applied where it is available.

Calculator

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Inputs this calculator takes, with typical values
InputWhat to enterExample
Expected medical billsTotal billed cost of the injury you are modelling — surgery, imaging, transport, rehabilitation.100000 $
Health plan out-of-pocket maximumYour annual cap on in-network cost sharing. It is what you pay before the plan covers everything else.8000 $
Care your health plan will not coverOut-of-network care, long-term rehabilitation, home modification, dental and anything excluded by the plan.12000 $
Monthly gross incomeYour own earnings before tax. Lost income is recoverable as an economic damage.6000 $
Months unable to workHow long the injury you are modelling would keep you out. Use the full recovery period, not just the hospital stay.6 mo
Income replaced by disability coverageThe share of income your short- and long-term disability benefits actually pay. Zero if you have none.60 %
General damages multiplierA negotiating rule of thumb: non-economic damages estimated as a multiple of economic loss. It is a heuristic, not a legal formula.1.5 ×
At-fault driver's liability limitWhat you assume the other driver carries. Model the state minimum, because a great many drivers carry exactly that.25000 $
Your UM/UIM limit per personFrom your declarations page. It is usually written to match your liability limit unless you rejected it in writing.100000 $
Vehicles on the policyOnly matters where stacking is permitted, which multiplies the limit by the number of insured vehicles.2 cars
Stacking permittedTick only if your state allows it and your policy has not bought it away with an anti-stacking endorsement.Yes
How UIM interacts with the liability paymentSet by state law and policy wording. Difference-in-limits is the more common of the two.Difference in limits (UIM reduced by the liability limit)

It returns

  • UM/UIM limit that covers the exposure — The limit at which the modelled claim would be fully recovered under the convention selected.
  • Total claim modelled
  • Medical cost left to you
  • Wages not replaced
  • Uncovered at your current limit
  • UM/UIM available after stacking

The formula

C=[min(M,O)+N+Wm(1d)](1+k)
R=min(max(L,U),C)
R=min(L+U,C)

In plain text: Claim = [min(bills, OOP max) + non-covered + income × months × (1 − replacement)] × (1 + multiplier)

  • CTotal claim modelled ($)
  • MExpected medical bills ($)
  • OHealth plan out-of-pocket maximum ($)
  • NCare the health plan will not cover ($)
  • WMonthly gross income ($)
  • mMonths unable to work (months)
  • dShare of income replaced by disability coverage (decimal)
  • kGeneral damages multiplier applied to economic loss (×)

The minimum in the medical term is what stops a large bill from being counted twice: your health plan pays everything above the out-of-pocket maximum, so only that maximum, plus care the plan excludes, is yours.

Updated Category Auto Insurance Verified against published test cases Reading time 11 min

The one coverage that pays you rather than the other party

Liability coverage pays the people you injure. Collision pays for your car. Uninsured and underinsured motorist coverage is the only line on the policy that pays you for bodily injury caused by someone else — and it exists because the person who hits you frequently cannot.

Two distinct situations trigger it. Uninsured motorist applies when the at-fault driver has no coverage at all, or cannot be identified, as in a hit-and-run. Underinsured motorist applies when they have coverage but not enough, which is the far more common case: state minimum bodily injury limits in many states are a fraction of what a single serious injury costs, and a driver carrying exactly the minimum is doing nothing wrong.

The important consequence is that your UM/UIM limit is not sized against your assets — that is what liability limits do. It is sized against your own losses. Medical bills, lost income, and the non-economic damages a claim carries are all yours to recover, and if the at-fault driver's policy runs out, your own UM/UIM coverage is what stands behind them.

Because your health plan and any disability coverage pay first, the exposure is smaller than the gross bill and much larger than nothing. The calculator nets both off before sizing the limit, which is why it asks for your out-of-pocket maximum and your income replacement percentage rather than just for the bill.

Netting the exposure, then applying the offset convention

The medical half. If you have health coverage, the bill is not your exposure. Your exposure is the annual out-of-pocket maximum, plus anything the plan will not pay for at all — out-of-network care, extended rehabilitation, home modification, dental work. That is why the formula uses min(bills, out-of-pocket max): a $400,000 hospital course and a $40,000 one leave you in the same place once the maximum is reached, and a $3,000 bill leaves you with $3,000 rather than the maximum. Note that the maximum resets annually, so an injury spanning a calendar-year boundary can cost you two of them.

The wage half. Multiply monthly income by the months you would be out, then by the share your disability coverage does not replace. A typical group long-term disability benefit replaces a stated percentage of base salary, often with a monthly dollar cap and a waiting period before it begins, so treat the percentage as an approximation and check the cap.

General damages. Pain, suffering and loss of enjoyment are recoverable and are not derived from any receipt. Claims practice frequently estimates them as a multiple of economic loss during negotiation — that is the multiplier input. It is a heuristic used to frame a demand, not a rule of law, and the actual figure depends on injury severity, permanence, jurisdiction and the quality of the medical record. Set it to zero if you want the economic exposure alone.

The offset convention. This is where states diverge sharply, and it changes the answer more than any other input. Under difference in limits, your UIM limit is reduced by the at-fault driver's liability limit, so your total recovery is the larger of the two, not the sum. A $100,000 UIM limit against a $25,000 liability payment yields $100,000 in total. Under add-on, your UIM pays its full limit on top of the liability payment, so the same figures yield $125,000. In a difference-in-limits state a UIM limit at or below the at-fault driver's liability limit pays nothing at all.

Worked example: a six-month injury against a minimum-limits driver

Take a $100,000 course of medical treatment, a health plan with an $8,000 out-of-pocket maximum, $12,000 of care the plan will not cover, a $6,000 monthly income, six months out of work, disability coverage replacing 60%, and a general damages multiplier of 1.5. The at-fault driver carries a $25,000 bodily injury limit; you carry $100,000 UM/UIM on a two-vehicle policy in a difference-in-limits state that permits stacking.

  1. Medical left to you. min($100,000, $8,000) + $12,000 = $20,000.
  2. Wages not replaced. $6,000 × 6 × (1 − 0.60) = 36,000 × 0.40 = $14,400.
  3. Economic loss. 20,000 + 14,400 = $34,400.
  4. General damages. 34,400 × 1.5 = $51,600.
  5. Total claim. 34,400 + 51,600 = $86,000. Equivalently, 34,400 × 2.5.
  6. Coverage available. Stacking two vehicles: 100,000 × 2 = $200,000. Under difference in limits the recovery is max($25,000, $200,000) = $200,000, capped at the $86,000 claim. Nothing is uncovered.

Now remove the stacking and drop the UM limit to $25,000, matching the at-fault driver. Recovery becomes max($25,000, $25,000) = $25,000, and $61,000 of the claim is uncovered — you absorb it, because the at-fault driver by assumption has nothing to collect from. Switch the same figures to an add-on state and the recovery is 25,000 + 25,000 = $50,000, leaving $36,000 uncovered. Same injury, same policy limits, three very different outcomes.

What each UM/UIM limit recovers on the worked example

An $86,000 claim against a driver carrying a $25,000 liability limit, no stacking, under each convention.
Your UM/UIM limitRecovery, difference in limitsUncoveredRecovery, add-onUncovered
$25,000$25,000$61,000$50,000$36,000
$50,000$50,000$36,000$75,000$11,000
$100,000$86,000$0$86,000$0
$250,000$86,000$0$86,000$0
$500,000$86,000$0$86,000$0

Recovery is capped at the claim, which is why every row from $100,000 up shows the same $86,000. The add-on column recovers $25,000 more at every limit below the cap — that is the liability payment it does not deduct.

Choosing a limit and checking your policy

Match UM/UIM to your liability limit as a starting point. Most carriers issue it that way by default, and in many states you must reject or reduce it in writing. The logic is sound: the injury you could cause and the injury you could suffer are drawn from the same distribution, so a limit that is right for one is a reasonable first answer for the other. The difference is who the limit protects — liability protects your balance sheet, UM/UIM protects your body and your income.

Check whether your policy stacks, and whether your state allows it. Stacking multiplies the per-person limit by the number of insured vehicles, and where it applies it is the cheapest coverage on the page — a second car frequently doubles the available limit for no additional UM premium. Several states prohibit it outright and many policies contain an anti-stacking endorsement that buys it away in exchange for a lower rate. It is a single line on the declarations page.

Read the rejection. If your limit is zero, someone signed something. Rejection requirements are strict in many states, and where a valid written rejection cannot be produced, the coverage is often deemed to have been issued at the liability limit. That is worth knowing before assuming you have none.

Model the injury you fear, not the one you expect. UM/UIM is tail coverage. A sprain costs nothing much; a spinal injury with permanent restriction and a career change costs more than the calculator's defaults. Run the severe case, because the moderate case is affordable by definition.

Remember property damage is separate. Uninsured motorist property damage, where offered, covers your vehicle when an uninsured driver hits it — otherwise that falls to your own collision coverage, with the deductible and settlement worked out in the total loss settlement calculator and the trade-off priced in the deductible break-even calculator.

State law controls, and it varies more here than anywhere else on the policy

Whether UM/UIM is mandatory, whether it stacks, whether it is reduced by the liability payment, whether you must exhaust the at-fault driver's limits first, whether your carrier must consent before you settle with the at-fault driver, and how a rejection must be documented are all matters of state statute and case law. The two conventions modelled here are the common shapes, not a complete map. Read your policy and, for a live claim, take advice in your own state.

Assumptions worth knowing about

  • The out-of-pocket maximum resets each plan year. An injury spanning a calendar-year boundary can cost you two maximums; the calculator applies one.
  • Health plan subrogation is not modelled. Many plans assert a lien on your injury recovery for what they paid, which can consume a substantial part of a settlement before you see it.
  • Disability benefits often have a dollar cap and a waiting period. A stated 60% replacement can be much less in practice for a high earner, and nothing at all during the elimination period.
  • The general damages multiplier is a negotiating heuristic. It is not a legal formula, it is not used by any court, and reasonable practitioners disagree about it. Set it to zero to see the economic exposure alone.
  • Per-person and per-accident limits both apply. The calculator works with the per-person limit; if more than one person in your household is injured in the same crash, the per-accident cap binds instead.
  • Consent-to-settle clauses matter. Most UIM policies require the carrier's consent before you accept the at-fault driver's limits. Settling first without it can forfeit the UIM claim entirely.

How UM/UIM sits alongside your other coverages

UM/UIM is the last coverage in a sequence, and knowing the order stops you from double-counting. Medical bills go to your health plan first, or to medical payments coverage or personal injury protection where your state has it. Lost income goes to disability coverage. What remains — the deductible and out-of-pocket layer, the excluded care, the unreplaced wages, and the non-economic damages nothing else pays — is the UM/UIM claim.

That ordering is why raising other coverages can reduce the UM/UIM limit you need. A health plan with a low out-of-pocket maximum and a disability policy replacing a large share of income both shrink the exposure directly, and both are usually cheaper per dollar of protection than adding UM/UIM. Conversely, a high-deductible health plan raises the number this calculator produces.

The comparison worth doing before you buy is between an extra layer of UM/UIM and an extra layer of anything else. Because UM/UIM only pays when the other driver is uninsured or underinsured, its expected cost to the carrier is low, which is why its premium is typically a small fraction of the liability premium at the same limit. Ask for the price at each tier rather than assuming the increment is proportional — it rarely is.

Finally, keep the review annual. A raise increases the wage exposure; a change of health plan moves the out-of-pocket maximum; adding a vehicle changes the stacked limit; moving state can change the offset convention entirely. None of those prompts a call from anyone, and each of them changes the answer.

Frequently asked questions

How much uninsured motorist coverage do I need?

Enough to cover what the at-fault driver's policy will not: your out-of-pocket medical exposure, the care your health plan excludes, the wages disability coverage does not replace, and the general damages on top. The calculator totals those and reports the limit that recovers them under your state's offset convention. As a starting point, most carriers issue UM/UIM at your liability limit, and matching the two is a defensible default.

What is the difference between uninsured and underinsured motorist coverage?

Uninsured motorist responds when the at-fault driver has no liability coverage at all, or cannot be identified — a hit-and-run. Underinsured motorist responds when they have coverage but their limit is smaller than your damages. They are usually sold together at the same limit. Underinsured claims are the more common of the two, because a driver carrying the state minimum is fully insured under the law and still far short of a serious injury.

What does stacking mean?

Stacking multiplies your per-person UM/UIM limit by the number of vehicles insured on the policy, so $100,000 across two cars becomes $200,000 available for one injury. Where it is permitted it is among the cheapest coverage available, because a second vehicle often adds the limit without adding much premium. Several states prohibit it, and many policies contain an anti-stacking endorsement that removes it in exchange for a lower rate.

Why does my UIM coverage pay nothing when the other driver has the same limit as me?

Because you are in a difference-in-limits state. There, UIM pays only the excess of your limit over the at-fault driver's, so equal limits leave nothing for it to pay. That is the strongest argument for carrying UM/UIM above the state minimum: at the minimum, in a difference-in-limits state, the coverage cannot respond to the most common underinsured claim there is.

Does my health insurance make UM/UIM unnecessary?

No, though it does reduce the amount you need. Health coverage pays medical bills above your out-of-pocket maximum but pays nothing for lost income and nothing for pain and suffering, and it excludes categories of care that serious injuries generate. Many plans also assert a lien on your injury recovery for what they paid. Enter your out-of-pocket maximum above and the calculator nets the medical exposure down to what is genuinely yours.

Can I be turned down or dropped for making a UM claim?

A UM/UIM claim is a claim against your own carrier for someone else's negligence, and rating rules in most states restrict surcharging a not-at-fault claim. That said, the claim is adversarial in structure — your insurer is standing in for the at-fault driver and has an interest in paying less. Document everything, keep the medical record complete, and get the carrier's written consent before settling with the at-fault driver.

Should I set the general damages multiplier to zero?

Set it to zero if you want to size the limit against out-of-pocket loss alone, which is the conservative reading. Leave it above zero if you want the limit to cover a realistic settlement, since non-economic damages are genuinely recoverable and frequently exceed the economic loss in a serious injury. Running the calculator both ways gives you the range, and the difference between the two answers is exactly what the multiplier is worth.

Is UM/UIM expensive?

It is normally a small fraction of the liability premium at the same limit, because it only responds when the at-fault driver is uninsured or underinsured. Ask your agent to price several tiers at once rather than assuming the increase is proportional to the limit — the marginal cost of each additional layer is usually lower than the first, for the same reason that umbrella coverage is cheap relative to primary liability.

References

  • Uninsured and Underinsured Motorist Coverage — consumer guidance — National Association of Insurance Commissioners
  • Uninsured Motorists Model Endorsement and state UM/UIM statutory survey — Insurance Services Office
  • Affordable Care Act out-of-pocket maximum rules, 45 CFR §156.130Centers for Medicare & Medicaid Services