Hit by an Uninsured Driver? What Usually Happens Next

You did everything right. You stopped, checked on everyone and exchanged information. Then you learn the other driver has no insurance, or the card they handed you belongs to a policy that lapsed months ago. It is a sinking feeling, and it raises an obvious question: who pays for this?

Most states require drivers to carry liability insurance, but some people drive without it anyway. When one of them hits you, the answer usually comes from your own policy. Exactly what it covers depends on the coverages you chose and the state you live in. Here is how it typically unfolds.

First, confirm the driver really has no coverage

Before anything else, make sure the other driver is truly uninsured. Sometimes the card is out of date but a newer policy exists. Sometimes the driver has no policy of their own but the car's owner does, and the owner's policy may cover someone driving with permission. Your insurer can usually help check.

A police report is especially valuable here. It records who was driving, whose car it was, and often any insurance information the officer could confirm. In hit-and-run cases, where the driver cannot be identified at all, many policies require a prompt police report before uninsured motorist coverage applies. Call your insurer as soon as you can and tell them the other driver appears to be uninsured. Report the facts and let them investigate.

The coverages that usually step in

Several parts of your own policy may come into play:

• Uninsured motorist bodily injury, which pays for injuries to you and your passengers caused by an uninsured at-fault driver, up to your limits.
• Uninsured motorist property damage, which pays for damage to your car in states and policies that offer it.
• Collision, which pays for your car's damage no matter who was at fault, minus your deductible.
• Medical payments or personal injury protection, which can pay medical bills regardless of fault, depending on your state.

Uninsured motorist coverage is required in some states and optional in others. In many states where it is optional, insurers must offer it and you have to decline it in writing to go without. If you declined it at some point, this is when that choice shows up.

A close cousin is underinsured motorist coverage, which applies when the at-fault driver has some insurance but not enough to cover your losses. Some states and insurers bundle the two together, while others list them separately, so check how yours appears on your declarations page.

How your own car gets repaired

For your vehicle, you usually have one or two paths.

If you carry uninsured motorist property damage, it may pay for repairs, sometimes with a smaller deductible than collision, depending on your state and policy. Some states or policies require the uninsured driver to be identified for this coverage to apply, which can leave hit-and-run damage to your collision coverage instead.

If you carry collision, you can use it no matter who caused the crash. You pay your collision deductible, and your insurer handles the rest of the covered repair. Insurers often try to recover what they paid, including your deductible, from the at-fault driver. This process is called subrogation, and with an uninsured driver it may take a long time or recover little.

If you carry only liability, with neither of those coverages, your own policy generally will not pay for your car. In that case your main option is seeking payment directly from the other driver.

Injuries, medical bills and lost wages

Uninsured motorist bodily injury coverage is designed to pay roughly what the at-fault driver's liability insurance would have paid, up to your limits. That can include medical expenses, lost income and, in many states, pain and suffering.

In a no-fault state, personal injury protection generally pays first for your own medical costs and some lost wages, regardless of fault. Uninsured motorist coverage may then apply to losses beyond what PIP covers, subject to your state's rules. In other states, medical payments coverage and your health insurance may cover bills while the injury claim is sorted out.

One point that surprises people: in an uninsured motorist claim, your own insurer takes the role the other driver's insurer would normally play. It evaluates fault and damages much as that insurer would. Many policies include an arbitration process if you and your insurer disagree on the amount. Keep careful records of treatment, missed work and expenses from day one.

Going after the other driver directly

You can generally sue an uninsured driver for damages they caused. The practical problem is collecting. People who drive without insurance may not have the money or property to pay a judgment. That gap is exactly why uninsured motorist coverage exists.

Some states also have rules that limit what uninsured drivers can recover when they are hurt in a crash, and states penalize drivers caught without required insurance through fines, license suspension or both. Those penalties do not put money in your pocket, but they are part of the picture. If your injuries are serious, speaking with an attorney licensed in your state can help you understand your options.

Steps and questions for the days after

Once the scene is behind you, these steps keep things moving:

• Notify your insurer and say the other driver appears to be uninsured.
• Get a copy of the police report and share it with your insurer.
• Keep all photos, witness details and repair estimates together.
• Save medical records, bills and proof of missed work.
• Watch for deadlines, since policies and state laws set time limits.

When you talk with your adjuster, ask:

• Which of my coverages apply, and in what order?
• What deductible applies to my car, and could it be recovered later?
• Does my policy include rental reimbursement while my car is repaired?
• How is a not-at-fault uninsured motorist claim treated at renewal in my state?

Checking your uninsured motorist coverage before you need it

The best time to look at uninsured motorist coverage is long before a crash. Pull out your declarations page and see whether you have it, what the limits are, and whether uninsured motorist property damage is available where you live. Compare those limits with your liability limits and with what a serious injury could cost your household.

If you want to see how different insurers handle this coverage, AutoAssures can pass one request to up to four licensed partners in your state, and you can ask each about uninsured motorist options when you compare quotes.

AutoAssures editorial teamWe write plain-English guides so comparing car insurance feels less like homework.