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Do Insurance Companies Go After Uninsured Drivers?

Last Updated on January 27, 2026

If you’re hit by an uninsured driver, you can still get paid — but your own policy often pays first (UM/UIM, PIP/MedPay, and/or collision).

After paying, your insurer may try to recover what it spent from the at-fault driver through subrogation (demand letters, repayment plans, or a lawsuit). Recovery depends on whether the driver has collectible income or assets.

Below is a practical breakdown of what “going after” an uninsured driver really means — and what it could mean for your deductible.

Key Takeaways

Yes — if your insurer pays for a crash caused by an uninsured driver, it may “go after” that driver through subrogation to recover what it paid.
Getting paid is often easier when you have the right coverages (UM/UIM, PIP/MedPay, and/or collision) because your policy can pay first instead of waiting on the other driver.
Suing an uninsured driver is possible, but collecting a judgment can be difficult if they have limited income or few assets.
If your insurer successfully recovers money, you may be reimbursed for your deductible — but recovery isn’t guaranteed.

At-a-Glance: What Pays First After an Uninsured-Driver Crash?

If you have…	It can help pay for…	Common deductible?	Can your insurer pursue the driver?
Uninsured Motorist (UM)	Injuries (and sometimes hit-and-run)	Usually no (varies by policy/state)	Yes (subrogation may be attempted)
Underinsured Motorist (UIM)	Injuries when the other driver has too little coverage	Usually no	Yes (often against the at-fault driver/insurer)
PIP / MedPay	Medical bills (PIP may include other costs in some states)	Usually no	Sometimes (depends on state rules and policy)
Collision	Vehicle repairs/replacement (regardless of fault)	Yes (commonly $500–$2,000)	Yes (deductible reimbursement may be possible)

Table Of Contents

What to Do Right After an Accident With an Uninsured Driver
What Happens in an Accident With an Uninsured Driver?
You Can Sue the Uninsured Driver (But Collecting Is the Hard Part)
What It Means When Your Insurance Company “Goes After” an Uninsured Driver
How Uninsured Motorist Coverage Works
Other Coverages That Can Help When the Other Driver Has No Insurance
How Insurers Recover Damages from an Uninsured Driver
FAQs on Insurance Companies Going After Uninsured Drivers
Final Word – Do Insurance Companies Go After Uninsured Drivers?
Sources (Uninsured Drivers & Coverage Basics)

What to Do Right After an Accident With an Uninsured Driver

Before the insurance side gets complicated, focus on the basics. Doing these steps makes it easier to prove fault and get your claim paid:

Call the police (or file an online report if allowed in your area) and ask for a copy of the report number.
Take photos/video of vehicle damage, the scene, license plates, and any visible injuries.
Exchange contact info and get the other driver’s address, phone number, and driver’s license number (even if they don’t have insurance).
Get witness names and phone numbers if anyone saw what happened.
Notify your insurer promptly and ask which coverages apply.

Quick caution: Don’t admit fault, guess about injuries, or accept “cash now” at the scene. Stick to exchanging information, documenting evidence, and getting a report number. Then let your insurer (or attorney, if needed) handle the liability discussion.

For a deeper step-by-step guide, here’s what you need to know after an accident with an uninsured driver.

What Happens in an Accident With an Uninsured Driver?

In a “normal” crash, the at-fault driver’s liability insurance pays your injury and property damage claims. When the at-fault driver is uninsured, you have to look elsewhere for compensation.

Here’s the big picture:

Ideally, both drivers have insurance. One driver is at fault, and the at-fault driver’s insurer covers the other driver’s expenses.
In reality, uninsured driving is common. Recent estimates put it at more than 1 in 7 drivers nationwide.
Some states require uninsured or underinsured motorist insurance. If you have it, your policy can cover certain losses caused by an uninsured driver.
Even if your state doesn’t require it, you can often add UM/UIM for extra protection.
If you don’t have coverage that applies, you may have to pursue the uninsured driver directly (often through a lawsuit) to recover your costs.

Unfortunately, accidents with uninsured drivers can become “win on paper, lose in real life” situations — you can prove fault and still struggle to collect money if the driver has little income or assets.

You Can Sue the Uninsured Driver (But Collecting Is the Hard Part)

In most states, you’re allowed to sue the uninsured driver for damages tied to the crash — including medical bills, lost wages, pain and suffering (where allowed), and vehicle damage.

Your insurer may sue the uninsured driver after paying you (subrogation), or you may sue the driver yourself — especially if you don’t have coverage that applies or your losses exceed your limits.

However, uninsured drivers often don’t have enough assets to cover a large judgment. That can make a lawsuit less effective, even if you “win.”

If the uninsured driver doesn’t have assets to cover your costs, you may recover only a small portion — or nothing — despite having a valid claim.

What It Means When Your Insurance Company “Goes After” an Uninsured Driver

When your insurer pays for a loss caused by someone else, it may pursue that driver to get reimbursed. This is typically called subrogation.

Subrogation can matter to you because:

Your insurer may try to recover what it paid on your claim.
If it succeeds, you may be reimbursed for your deductible (for example, a collision deductible), depending on your policy and state rules.
You may be asked to cooperate (provide statements, photos, the police report, repair bills, etc.).

Subrogation Timeline: What Usually Happens Next

Step	What your insurer does	What you may need to do
1) Claim is paid	Pays under UM/UIM, PIP/MedPay, and/or collision (depending on your policy)	Provide photos, report info, repair bills, and medical documentation as requested
2) Liability is documented	Reviews police report, statements, and evidence to confirm fault	Cooperate if asked for clarification or records
3) Demand is sent	Sends a demand letter seeking reimbursement from the at-fault driver	Usually nothing (your insurer handles it)
4) Settlement or lawsuit decision	May negotiate a repayment plan or decide whether a lawsuit is worth it	If contacted, direct the at-fault driver/attorney to your insurer
5) Recovery (maybe)	If money is recovered, the insurer may reimburse deductibles (when applicable)	Ask your adjuster about deductible reimbursement status

Note: Many uninsured drivers are “judgment-proof” (little collectible income/assets), so recovery is not guaranteed—even if fault is clear.

Even when insurers pursue the uninsured driver, they don’t always file a lawsuit. If the driver appears “judgment-proof” (no collectible income or assets), the insurer may decide the time and legal expense aren’t worth it.

How Uninsured Motorist Coverage Works

If you’re worried about being hit by someone with no insurance, uninsured motorist coverage can be one of the most valuable add-ons on your policy.

Generally:

Uninsured motorist bodily injury (UMBI) can help pay medical bills and related damages for you and your passengers when the at-fault driver has no insurance (and in many states, in hit-and-run situations).
Uninsured motorist property damage (UMPD) is available in some states and can help pay to repair/replace your vehicle (often with limits and a deductible).
Underinsured motorist coverage (UIM) can apply when the at-fault driver has insurance, but not enough to cover your losses.

Instead of chasing the other driver for money, you file with your insurer up to your coverage limits. After paying you, your insurer may still try to recover what it paid from the at-fault driver — but you’re not stuck waiting on that process to get your car repaired or your medical bills addressed.

Other Coverages That Can Help When the Other Driver Has No Insurance

Depending on your policy and your state’s rules, other coverages may help pay your costs even when the other driver is uninsured:

No-Fault Coverage: Some states use a no-fault system for injuries, which generally means your own policy pays certain medical expenses regardless of who caused the accident. If you live in a no-fault state, you may already have coverage that helps with medical bills after a crash. Learn more about no-fault insurance here: no-fault states.

Personal Injury Protection (PIP) or Medical Payments (MedPay): PIP and MedPay can help pay medical bills (and, for PIP in some states, related costs like lost wages) after a crash. If you have personal injury protection (PIP) or medical payments (MedPay), these coverages may apply even if the at-fault driver is uninsured.

Collision Coverage: If your vehicle is damaged, you may be able to use your collision coverage. You pay your deductible (often $500–$2,000, depending on your policy), and the insurer pays the rest to repair your vehicle to pre-loss condition. Collision is often the fastest way to get your car repaired when the other driver has no insurance.

How Insurers Recover Damages from an Uninsured Driver

If the uninsured driver is at fault, they’re still legally responsible for the damage they caused. When an insurer “goes after” that driver, it usually looks like some combination of the following:

Demand letters and negotiation: The insurer requests repayment for what it paid (and may propose a settlement).
Lawsuit and judgment: If the driver doesn’t pay voluntarily, the insurer may sue to obtain a court judgment.
Collections after judgment: Depending on state law and the driver’s situation, collection efforts can include payment plans or placing liens on certain assets.

Even then, collection isn’t guaranteed. If the uninsured driver has limited income or no assets, there may be little to recover — which is exactly why UM/UIM, PIP/MedPay, and collision coverage can be so important.

FAQs on Insurance Companies Going After Uninsured Drivers

What does it mean when my insurance company “goes after” the uninsured driver?

It usually means your insurer is pursuing reimbursement through a process called subrogation. After your insurer pays your claim (for example, under uninsured motorist coverage or collision), it may seek repayment from the at-fault uninsured driver by sending demand letters, negotiating a settlement, or filing a lawsuit.

Will my insurance company definitely sue the uninsured driver?

Not always. Insurers often look at collectability first. If the uninsured driver has little income or no assets, a lawsuit may cost more than it’s worth. Your insurer can still choose to pursue the driver, but it isn’t guaranteed.

If I use collision coverage, can I get my deductible back?

Sometimes. If your insurer recovers money from the uninsured driver through subrogation, you may receive deductible reimbursement. Whether you get it (and how quickly) depends on your insurer’s process, how much is recovered, and state rules.

What if I don’t have uninsured motorist coverage?

You may still have options, like collision coverage for vehicle repairs and PIP/MedPay for certain medical bills (depending on your policy/state). If no coverage applies, you may need to pursue the at-fault driver directly — often through small claims court or a lawsuit — but collecting can be difficult if the driver is judgment-proof.

Does uninsured motorist coverage cover hit-and-run accidents?

In many states and policies, uninsured motorist coverage can apply to hit-and-run situations, especially for injuries. Rules vary, and some insurers require prompt reporting and proof that contact occurred (or that a hit-and-run happened). Check your policy language and your state’s requirements.

Should I file a police report if the other driver admits they have no insurance?

Yes. A police report helps document fault, the parties involved, and key facts that your insurer may require for UM/UIM or collision claims. It can also help if you end up needing to pursue the driver in court.

Final Word – Do Insurance Companies Go After Uninsured Drivers?

Yes — insurance companies can go after uninsured drivers, especially when the uninsured driver caused the crash and your insurer paid out under your policy. This typically happens through subrogation and may involve a lawsuit.

But the bigger takeaway is this: recovery depends on whether the uninsured driver has anything collectible. That’s why many drivers choose to protect themselves with uninsured/underinsured motorist coverage (and why collision and PIP/MedPay can be lifesavers, depending on your policy and state).

Millions of Americans drive without coverage. In 2023, about 15.4% of U.S. drivers (more than 1 in 7) were uninsured, based on Insurance Research Council estimates reported by the Insurance Information Institute and the NAIC.

If you were hit by an uninsured driver and aren’t sure which options apply, contact your insurer for claim guidance. For serious injuries or disputes about fault, it may also help to consult a qualified attorney in your state.