Hit an Uninsured Driver
The situation: I got into an accident and the other driver doesn't have insurance. I don't know how I'm supposed to get my car fixed or cover any medical costs now.
Quick Answer
When the at-fault driver has no insurance, your own uninsured motorist coverage, if you carry it, is typically what pays for your injuries, and sometimes your vehicle damage depending on your state and policy. Without uninsured motorist coverage, you may need to rely on collision coverage for your car and pursue the other driver personally for the rest, which is often difficult if they have limited assets. Some states require uninsured motorist coverage by law, while others make it optional.
What Happened
Priya was stopped at a red light when another car ran into her from behind. When she exchanged information with the other driver, it turned out he had let his insurance lapse the month before and had no active policy. Priya's own policy included uninsured motorist bodily injury and property damage coverage, which she'd added a few years earlier on her agent's recommendation. Her insurer treated the claim similarly to how it would if the other driver had been insured, covering her medical treatment for a minor whiplash injury and her car repairs, minus her applicable deductible, and then pursued the other driver separately for reimbursement.
Likely Relevant Policies
- Auto Insurance
Potential Coverages
Uninsured Motorist Bodily Injury High likelihood
This coverage is specifically designed to pay for your medical costs when the at-fault driver has no insurance, assuming you carry it and it's active in your state.
Uninsured Motorist Property Damage Medium likelihood
Some states and policies include this to cover your vehicle damage from an uninsured driver, though availability and structure vary significantly by state.
Collision Coverage Medium likelihood
If you don't have uninsured motorist property damage coverage, your own collision coverage can pay for your vehicle repairs regardless of the other driver's insurance status, subject to your deductible.
Possible Exclusions
- Vehicle damage if you carry neither uninsured motorist property damage nor collision coverage
- Claims exceeding your uninsured motorist coverage limits
- Situations where the at-fault driver can't be identified at all, which some policies treat differently
- Injuries to passengers not covered under your specific policy terms
Questions That Determine Coverage
- Do you carry uninsured motorist bodily injury coverage, and what are its limits?
- Does your state offer or require uninsured motorist property damage coverage?
- Do you have collision coverage on your own vehicle as a backup?
- Can the other driver be identified and confirmed to have no active insurance?
- Were there any injuries, and how severe are they?
- Does your policy have a deductible specific to uninsured motorist claims?
Recommended Immediate Actions
- Check for injuries and call emergency services if needed.
- Call the police and file a report, since this documentation matters more when the other driver is uninsured.
- Get the other driver's contact information, license plate, and vehicle details even if they claim no insurance.
- Take photos of both vehicles, the damage, and the accident scene.
- Notify your own insurer promptly and ask specifically about uninsured motorist coverage.
- Avoid trying to negotiate payment directly with the uninsured driver without your insurer's guidance.
Documents to Collect
- Police report confirming the accident and the other driver's lack of insurance
- Photos of both vehicles and the scene
- Medical records and bills, if injured
- Repair estimates for your vehicle
- Your own auto policy declarations page showing uninsured motorist coverage details
- Any correspondence with the uninsured driver, if applicable
Common Claim Process
Once you report the accident and confirm the other driver has no insurance, your own insurer generally treats the claim under your uninsured motorist coverage, essentially standing in the place of the at-fault driver's missing policy. The insurer investigates fault the same way it would in any accident, using the police report and available evidence. If your coverage applies, it pays for your covered medical costs and, depending on your state and policy, your vehicle damage, minus any applicable deductible. Your insurer may also attempt to recover costs directly from the uninsured driver afterward.
Potential Outcomes
- Medical costs covered under uninsured motorist bodily injury coverage, up to your policy limit.
- Vehicle repairs covered under uninsured motorist property damage or your own collision coverage.
- Limited or no recovery if you carry neither uninsured motorist coverage nor collision coverage.
- Costs exceeding your coverage limits left unrecovered unless pursued directly against the other driver.
- Insurer separately attempts to recover funds from the uninsured driver, though this doesn't guarantee you additional payment.
Risk Prevention Tips
- Consider adding uninsured and underinsured motorist coverage if your state doesn't already require it.
- Review your policy limits periodically, since minimum limits may not reflect real accident costs.
- Keep your own coverage active and avoid lapses, which can also affect your legal standing after an accident.
- Ask your agent specifically whether your state offers uninsured motorist property damage coverage.
- Keep a dashcam or similar record, which can help support a claim when the other driver disputes fault or coverage.
Frequently Asked Questions
What happens if I'm hit by a driver with no insurance?
If you carry uninsured motorist coverage, it typically pays for your medical costs and, depending on your state, your vehicle damage. Without it, you may need to rely on your own collision coverage or pursue the other driver directly, which can be difficult.
Is uninsured motorist coverage required?
It depends on your state. Some states require it as part of a standard auto policy, while others make it optional, so it's worth checking your own policy and state rules.
Can I sue an uninsured driver directly?
You generally can, but recovering money that way can be difficult if the driver has limited assets or income, which is part of why uninsured motorist coverage exists as a more reliable option.
Does hitting an uninsured driver raise my own insurance rate?
If you weren't at fault, a claim through your uninsured motorist coverage typically shouldn't be treated the same as an at-fault accident, though this can vary by insurer.
What's the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage applies when the at-fault driver has no insurance at all, while underinsured motorist coverage applies when they have insurance, but not enough to cover the full cost of your damages or injuries.
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Browse Auto scenarios →Educational information, not advice: Coverage depends on the policy wording, endorsements, exclusions, limits, deductibles and applicable state laws. This information is educational only and is not legal or insurance advice.