What to Do if You’re Hit by an Uninsured Driver

Last Updated on December 14, 2025

Getting hit by an uninsured driver is stressful—especially when you realize there may be no insurance company on the other side to pay for your repairs or medical bills.

Unfortunately, uninsured driving is still common in the U.S. (roughly one in seven drivers by recent estimates). That means it’s smart to know what to do before it happens.

Below are the exact steps to take at the scene, how the claims process works, and what your options are if the at-fault driver truly has no coverage.

Key Takeaways

• After an accident with an uninsured driver, prioritize safety, call police, and document the scene with photos, witness info, and detailed notes.
• Your best claim options are usually uninsured motorist coverage (UM/UIM) for injuries (and sometimes property damage) or collision coverage for vehicle repairs.
• No-fault states typically route injury claims through your own insurer first, but property damage and serious injuries may still involve fault-based rules.
• You can sue an uninsured driver, but collecting can be difficult—one reason uninsured motorist coverage is often worth adding to your policy.

The First Steps After You’re Hit by an Uninsured Driver

Right after the crash, focus on safety and documentation. Here’s how a typical uninsured motorist insurance claim starts.

Step 1) Check for injuries and call 911

If anyone is injured (or you’re unsure), call 911 immediately. Even “minor” crashes can cause delayed symptoms like whiplash or concussion. If it’s safe, move to the shoulder and turn on hazard lights.

Step 2) Call the police and request a report

After a collision with an uninsured driver, call the police. Don’t let the other driver talk you out of it.

The responding officer will create a report. Your insurer often relies on the police report to evaluate fault and confirm what happened. It’s crucial for many insurance claims, especially when the other driver is uninsured or tries to dispute the facts later.

Step 3) Don’t accept a quick cash deal at the scene

Uninsured drivers sometimes offer cash to “handle it privately.” This might sound tempting, but it can backfire fast—especially if injuries show up later or repairs cost more than expected.

Handling things without insurance may be workable for very small accidents. But if there’s meaningful damage, any chance of injury, or the other driver seems unreliable, it’s usually safer to document everything and go through the proper channels. You don’t yet know the true cost of repairs or medical care.

Step 4) Collect the other driver’s information (even if they’re uninsured)

The driver may not have insurance, but you still need their identifying details. Collect as much of the following as possible:

• First and last name
• Phone number
• Address
• Driver’s license number (if they’ll share it)
• License plate number
• Make and model of vehicle

If the driver refuses to cooperate or tries to leave, let the police handle it. Don’t escalate the situation or put yourself at risk.

Step 5) Get witness info (if any)

Witness statements can be huge when fault is disputed. If someone saw the crash, ask for their name and phone number. If they’re willing, a quick note or recorded statement can help (but don’t pressure anyone).

Step 6) Take photos and video (a lot of them)

Take more pictures than you think you need. This is often the difference between a smooth claim and a frustrating one.

Use your phone to photograph:

• Damage to both vehicles (wide shots and close-ups)
• The intersection/road, lane markings, skid marks, debris, and traffic signals
• Weather/lighting conditions
• The other driver’s license plate
• Any visible VIN on the dashboard (if you can safely capture it)

This goes hand-in-hand with collecting evidence for your claim.

How to File an Insurance Claim When the Other Driver Is Uninsured

Once you’re safe and you’ve documented the scene, contact your insurer as soon as you reasonably can. Tell them upfront that the other driver appears to be uninsured (or provided invalid insurance information).

To file the claim, you’ll typically need:

• Your policy number and contact info
• Photos/videos and your notes from the scene
• The police report number (or how to obtain the report)
• The other driver’s info, plate number, and vehicle details
• Witness contact information (if available)

Ask your insurer which coverage will apply in your situation and what your next steps are (inspection, body shop estimate, rental coverage, medical billing, etc.).

Which Coverages Can Help If You’re Hit by an Uninsured Driver?

What happens next depends on the coverages you have. These are the most common options:

Option 1) Uninsured motorist coverage (UM/UIM)

Uninsured motorist coverage is designed for exactly this situation. Depending on your state and policy, it may help pay for injuries, lost wages, and sometimes vehicle damage.

Two common types are:

• Uninsured Motorist Bodily Injury (UMBI) for injuries-related costs
• Uninsured Motorist Property Damage (UMPD) for vehicle/property damage (availability and rules vary by state)

Option 2) Collision coverage

If you carry collision coverage, you can often use it to repair your car even when the other driver has no insurance. You’ll usually pay your deductible, and then your insurer pays the rest (up to the vehicle’s value, if it’s a total loss).

If your insurer later recovers money from the at-fault driver, you may be reimbursed for some or all of your deductible (this process is often called subrogation).

Option 3) PIP or MedPay (for injuries)

Depending on your state, you may have Personal Injury Protection (PIP) or Medical Payments coverage (MedPay). These coverages can help pay medical costs regardless of who caused the accident, which is especially helpful when the other driver can’t pay.

If you needed emergency transport, you may also see separate charges like ambulance expenses.

Who Was At Fault?

Fault still matters for many parts of the claim—especially property damage—unless you’re in a no-fault state (and even then, it matters for vehicle repairs and serious injury claims).

If the uninsured driver was at fault

Because there’s no at-fault insurance company to pay you, you generally turn to your own coverage. You may:

• Use your collision coverage (pay your deductible, insurer pays the rest)
• Use your uninsured motorist coverage (if available for your damages)

If you’re worried about whether filing will affect your premium, see: Do uninsured motorist claims raise your rates?

Your insurer may also try to recover what it paid from the at-fault driver. Here’s more on that process: Do insurance companies go after uninsured drivers?

If you were at fault

If you were at fault for the accident, you still report it to your insurer. Your liability coverage may pay the other driver’s damages (depending on state law and the specifics of the claim), and your collision coverage may cover repairs to your own vehicle if you carry it.

Note: Some states have “no pay, no play” rules that can limit what uninsured drivers can recover after a crash. These laws vary widely and don’t apply everywhere, so don’t assume they’ll prevent a claim against you.

Collisions With Uninsured Drivers in No-Fault States

If you’re hit by an uninsured driver in a no-fault state, the process can look different—especially for injuries.

No-fault laws generally mean you start injury claims through your own insurer (often via PIP) regardless of who caused the crash. Here’s a deeper explanation: How does no-fault auto insurance work?

Important: No-fault usually applies to injuries, not necessarily vehicle repairs. Property damage and serious injuries may still involve fault-based claims depending on your state’s rules and thresholds.

The “true” no-fault/PIP states are: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah.

If You Don’t Have UM Coverage (or Collision), Can You Sue?

Yes—an uninsured driver is still legally responsible for the damage they cause. In some cases, it may make sense to sue the uninsured driver (small claims court is common for vehicle damage).

But there’s a practical problem: many uninsured drivers don’t have assets to collect from. Even if you win, getting paid can be difficult. That’s a major reason many drivers carry uninsured motorist coverage.

Consider Adding Uninsured Motorist Coverage

Uninsured motorist coverage is one of the most valuable “sleep better at night” add-ons on an auto policy. It can protect you when the other driver has no coverage (or not enough) and can be especially important if you don’t want to rely on suing someone who may not be able to pay.

In many states, uninsured motorist coverage is required or must be offered (and you may need to reject it in writing if you don’t want it). If you’re unsure whether you have it, check your declarations page or ask your insurer.

FAQs on Being Hit by an Uninsured Driver

Final Word on Being Hit by an Uninsured Driver

If you’re hit by an uninsured driver, protect yourself first: call 911 if needed, get a police report, document everything, and notify your insurance company promptly.

Depending on your policy and state, you may be covered through uninsured motorist coverage, collision coverage, or PIP/MedPay. If you don’t have these coverages, you may still have the option to sue—but collection is often the hardest part.