What To Do If You Get Hit By an Uninsured Driver

• Even if the other driver doesn’t have insurance, having an official accident report and photo documentation can help protect you legally and financially. 
• If you have uninsured motorist, collision, or medical payments coverage, your policy could help pay for repairs and medical bills. File a claim as soon as possible.
• If the at-fault driver can’t pay for damages and you don’t have uninsured motorist coverage, you may be able to take them to court as a last resort . Your ability to sue depends on the laws in your state. Even if you win the lawsuit, the other driver may not have the assets or ability to pay.

Pull over and assess injuries and damage

If you get into an accident, the first thing to do is always ensure everyone’s safety. Pull over to a safe spot on the side of the road (if your car is still drivable), and assess yourself and all passengers for injuries. After that, check on the other motorist’s safety.

Keep in mind that many injuries may not be immediately obvious, so even if you don’t feel injured, it’s a good idea to go to a hospital or urgent care for any accident that’s more than a minor fender bender.

Call emergency services

It’s always recommended that you call emergency services as a next step, even for a minor fender bender. They can help you assess the situation, dispatch police, and decide whether an ambulance is needed.

From a legal and financial standpoint, a police report can be a key part of an insurance claim and can help determine fault. If the other driver is uninsured, it’s especially important to document this and report their lack of insurance, which is facilitated by having an officer on the scene.

Document the damage

Once you know that the police are on the way, start taking photos to document everything. Grab pictures of any skidmarks, damage, etc., so that there’s a clear record of what occurred.

Exchange information

Make sure you get the other driver’s details, including their car’s make, model, and license plate number, as well as their contact information. Then, give them your information. If there were any witnesses to the crash, it’s a good idea to ask for their information as well.

To understand how uninsured motorist (UM) coverage works, it’s helpful to know how standard coverage works.

In an at-fault state, if you get into an accident caused by another driver, their insurance pays for your injuries and damages. The exact portion of the damages they’re responsible for may vary based on the negligence laws of your state. However, if they don’t have insurance, then there is no insurer to cover your claim — your liability insurance only covers other people’s injuries and property damage, not your own.

If you have UM coverage on your policy, your insurance will pay for your injuries if the other driver doesn’t have insurance. UM coverage is required in 22 states and Washington, D.C. UM coverage generally refers to bodily injury coverage, while uninsured motorist property damage coverage (UMPD) helps pay for damage to your vehicle if you’re in an accident caused by an uninsured driver. UMPD is only required in seven states and Washington, D.C.

Having UM coverage at the time of an accident with an uninsured driver is the best-case scenario. If you live in a state that requires it, you’ll have at least basic protection, but you’ll be in an even better position if you opted for higher limits on your policy.

Begin the claims process

If you’re in an accident with an uninsured motorist and you have UM coverage, once you finish up at the scene of the accident, you should report the accident to your insurer to begin the claims process. To do so, you’ll need to gather up all the relevant documentation for the incident, including any police reports, photos you took, eyewitness reports, and the other driver’s information.

Provide additional information as needed

After you send that information to your insurer, they’ll begin an investigation into the incident to determine whether you qualify for a payout. Make sure you cooperate with the investigation to the best of your ability. This may include signing medical authorizations so your insurer can verify whether you received any medical treatment and what the costs were.

Manage the claim and collect payout

If all goes well, your insurer will send you an initial offer, but you will have room to negotiate with them within your coverage limits. Always make sure that you stay on top of deadlines and keep detailed records of everything that has occurred. Uninsured motorist claims often move quicker than regular claims since there is no third-party insurance to deal with.

If you don’t have uninsured motorist coverage on your policy at the time of the accident, your options are a bit different.

• File a collision claim: If you have full coverage, you can file a collision claim with your insurance company. Collision coverage helps pay for damage to your vehicle, regardless of who was at fault. However, your deductible will apply, and this coverage will not help pay for injuries — only property damage.
• Use personal injury protection or medical payments coverage: Many states require either personal injury protection (PIP) or MedPay, and those that don’t require them typically allow drivers to purchase one or the other as a policy add-on. The availability of each option varies by state. These coverages help pay for your medical expenses after an accident, regardless of fault, and can apply if you were hit by an uninsured driver. PIP is broader than MedPay and can include coverage for things like lost wages and childcare.
• Take legal action: If you have no other way of paying for medical expenses and damages that result from an accident caused by an uninsured driver, you may be able to sue them, depending on the regulations in your state (more on that below). However, it’s important to keep in mind that an uninsured driver may not have many assets or the ability to pay, so even if you win a lawsuit, you may not be able to collect your settlement.

While it won’t apply retroactively, you can add uninsured motorist coverage to your policy at any time, so if you don’t currently have it, we recommend adding it if you can afford to. 

One of the main differences between at-fault and no-fault states is how medical expenses are handled after an accident.

• In at-fault states, the driver who is at fault in an accident is responsible for paying for the other party’s medical expenses and property damage.
• In no-fault states, each driver’s insurance pays for their respective medical expenses, regardless of fault. The at-fault driver is still responsible for covering property damage to the other driver.

Another important difference between these fault systems is the regulations around lawsuits.

• In at-fault states, the driver not at fault has the right to pursue legal damages against the at-fault driver if the insurance payout is not sufficient. If you’re hit by an uninsured driver, they will not be able to provide any insurance payout, so you can file a lawsuit to recover damages. 
• In no-fault states, there are more restrictions on suing the at-fault driver for damages. You can typically only pursue legal action if you suffered severe injuries and medical expenses beyond a certain threshold. Therefore, if you live in a no-fault state, a lawsuit is generally not a feasible recourse.

Getting into an accident is always a stressful situation, and being hit by an uninsured driver can further complicate the insurance side of things, as you will not be able to count on them to cover any damages. Depending on your own insurance policy, you may be able to cover some or all of your expenses. The most important coverage to have in this situation is uninsured motorist coverage, but other options like collision coverage and personal injury protection can come in handy as well.