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Sometimes. There is no single deductible rule for every uninsured motorist (UM) claim: it depends on your state, whether the claim is for injuries or vehicle damage, and the coverage in your policy. For example, Texas specifies a $250 deductible for UM/UIM property-damage claims, while California describes separate options for vehicle damage, including uninsured motorist property damage (UMPD) and a collision deductible waiver.
First identify what kind of loss you are claiming
“Uninsured motorist coverage” can refer to different protections. Uninsured motorist bodily injury (UMBI) addresses injuries; uninsured motorist property damage (UMPD) addresses damage to a vehicle where available. Collision coverage is another route for repairing your own car, and its deductible may apply when you use it. A collision deductible waiver (CDW), where available and applicable, is a separate provision—not a universal feature of UM coverage.
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That distinction matters: a deductible described for vehicle repairs should not automatically be applied to an injury claim. The state examples below illustrate why the coverage name and your policy wording matter.
What the Texas and California rules illustrate
These are examples from two states, not a nationwide survey. State law and your policy control your claim.
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| Question | Texas | California |
|---|---|---|
| Vehicle-damage deductible or benefit described by the state source | The Texas Department of Insurance says the UM/UIM deductible for vehicle repair is $250. Texas Insurance Code §1952.105 also specifies a $250 deductible for property-damage coverage. [Texas Department of Insurance; Texas Insurance Code §1952.105] | The California guide describes UMPD for damage to the insured car when the insured has no collision coverage, and a separate CDW that pays the collision deductible in a qualifying crash. It does not establish one universal deductible for every UMPD claim; check the policy. [California Department of Insurance Auto Insurance Guide] |
| Conditions or limits noted in the state source | The $250 figure is for property damage/vehicle repair. The Texas source also describes UM/UIM as covering medical bills and other damages, but does not say the vehicle-repair deductible applies to bodily injury. [Texas Department of Insurance] | The guide states a $3,500 UMPD limit; that is the limit described in the California guide, not a national limit. For the described UMPD benefit, the uninsured at-fault driver must be identified. The guide separately describes the CDW for a qualifying crash. [California Department of Insurance Auto Insurance Guide] |
Texas: $250 applies to vehicle-repair property damage
The Texas Department of Insurance states that the deductible for uninsured/underinsured coverage is $250, and clarifies this in the context of vehicle repair. The state statute independently sets a $250 deductible for property-damage coverage. Do not extend that amount to bodily injury claims or policies in other states. [Texas Department of Insurance, updated October 14, 2024; Texas Insurance Code §1952.105]
California: UMPD and the collision deductible waiver are distinct
The California Department of Insurance guide says UMPD covers damage to the insured car after an at-fault uninsured-driver crash when the insured does not have collision coverage. It gives a $3,500 UMPD limit and says the uninsured driver must be identified. The guide also describes a CDW as paying the collision deductible if the insured vehicle is damaged in an accident with an uninsured driver who is at fault. These are different arrangements, with conditions; the guide does not say every California driver or claim qualifies. [California Department of Insurance Auto Insurance Guide, updated February 5, 2025]
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Do you have to pay your collision deductible?
If you make the claim under your collision coverage, your policy’s collision deductible may apply. Whether a separate UMPD benefit or CDW is available—and whether it applies to your crash—depends on state rules, your coverages, and the claim conditions. Do not assume your deductible will be waived or reimbursed simply because the other driver was uninsured.
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Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →California’s consumer materials define a deductible in connection with collision or comprehensive coverage and separately describe UMPD and the CDW. That is why the question is not just whether you have “UM,” but which coverage you will use to handle the vehicle damage. [California Department of Insurance Auto Insurance Guide; California Department of Insurance, Automobile Insurance Text Version]
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How to check your policy before filing
- Open your declarations page. Find the listed UM/UIM bodily-injury, UM property-damage, collision, and comprehensive coverages, along with their limits and deductibles. California’s consumer guide says the declarations page lists coverages and deductibles. [California Department of Insurance, Automobile Insurance Text Version]
- Read the matching policy wording and endorsements. Look for the deductible, eligibility conditions, driver-identification or contact requirements, and any rules about which coverage pays first.
- Ask your insurer which coverage applies to this loss. State that the other driver appears uninsured, explain whether you are claiming for an injury or vehicle damage, and ask whether the claim would use UM/UIM property damage, collision, or a CDW.
- Confirm the amount you may owe and the claim conditions. Ask how the deductible is handled, what evidence is needed, and whether any waiver or reimbursement is provided under your specific policy. Get the answer in writing if possible.
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