What To Do If An Uninsured Driver Hits You

You did everything right. You were driving carefully, you had your own insurance and then another driver ran a red light or drifted into your lane. Now you are standing at the roadside, shaken, and the other driver admits they have no insurance. It is a miserable moment, and it happens to a lot of people. The good news is that you have options, and some of them depend on steps you take in the first hour. This guide walks you through what to do, which coverages may pay and how to prepare before it happens.

How common is this?

More common than most drivers expect. The Insurance Research Council estimated that 14.0 percent of U.S. drivers were uninsured in 2022, about one in seven, and that the figure was around 15.4 percent in 2023. It varies widely by state. NAIC data cited in industry reporting shows rates from about 5.7 percent in Maine to about 28.2 percent in Mississippi. On top of that, the IRC reported that about 18 percent of drivers in 2023 were underinsured, meaning they carried insurance, but not enough to cover the injuries they caused.

At the scene: what to do first

Check for injuries and call 911. Your health comes first. Move the cars out of traffic only if it is safe and they can be driven.
Call the police and ask for a report. A police report is one of the most important documents in an uninsured motorist claim. It records the facts, and it shows that the other driver had no insurance.
Collect the other driver’s details. Get their full name, address, phone number, driver’s license number, license plate and vehicle details. Take photos of their license and plate if they allow it.
Take photos and video. Capture both cars, the damage, the road, the signs and any skid marks. Note the time and weather.
Find witnesses. Ask for names and phone numbers.
Do not make a private cash deal. The other driver may offer to pay you directly. Be cautious. You may not know the real cost, and injuries can appear days later.
Do not admit fault, and stick to the facts when you talk to anyone.

If the other driver drives away, treat it as a hit-and-run. Try to note the plate, the vehicle description and the direction they went, and tell the police. Many uninsured motorist coverages also apply to hit-and-run accidents.

Call your insurer promptly

Tell your insurer what happened as soon as you can. Policies usually require prompt notice, and they will explain what coverage applies. Have the police report number and your photos ready. Our guide on how to file a car insurance claim covers the full process.

Which coverages can pay

What you can recover depends mostly on the coverage on your own policy.

Uninsured motorist bodily injury (UM). Pays for your medical bills and other injury-related costs, such as lost wages, when an uninsured or hit-and-run driver is at fault. It can also cover your passengers.
Underinsured motorist (UIM). Pays the difference when the at-fault driver has insurance, but not enough to cover your injuries.
Uninsured motorist property damage (UMPD). In some states, this pays for repairs to your car when the at-fault driver is uninsured. Availability and rules vary.
Collision coverage. Pays to repair your car after a crash, no matter who was at fault. You pay your deductible first. If you do not have UMPD, collision is often your main route to getting the car fixed.
Medical payments or personal injury protection. Helps with medical costs for you and your passengers, regardless of fault.
Rental reimbursement. Pays toward a rental car while yours is in the shop.

More than twenty states and the District of Columbia require insurers or drivers to carry uninsured or underinsured motorist coverage, and in other states insurers must offer it, but the details differ. Check your policy to see what you have. Our article on how much car insurance you need explains why it is worth considering.

If you do not have UM or collision coverage

It is harder, and it is better to be honest about that. Without these coverages, you generally have three routes:

Health insurance. It may cover your medical treatment, though you will likely pay deductibles and co-pays.
Your own savings. You may have to pay for car repairs yourself.
A claim against the other driver. You can try to recover costs through small claims or civil court. The difficulty is collecting. If the driver has no insurance, they may also have few assets, and a court judgment does not guarantee payment.

Some states also have programs or funds for victims of uninsured drivers, so ask your state’s department of insurance what is available.

Will it raise my rates?

If you were not at fault, a claim made under your uninsured motorist or collision coverage generally should not be treated like an at-fault accident, but practices differ. Ask your insurer how it handles these claims. Our article on why car insurance goes up when you have no accident explains the other factors that can change your price.

Keep good records

Create a folder for the claim, on paper or on your phone, and keep every document in it: the police report, photos, repair estimates, medical records and bills, receipts for expenses such as towing or a rental, and notes of every call with names, dates and what was said. Do not wait too long. Time limits for claims differ by state and by policy, and a delay can cost you.

Protect yourself before it happens

You cannot control who is on the road, but you can control your own policy. A few steps make a big difference:

Add uninsured and underinsured motorist coverage if you do not have it. It is generally inexpensive for what it provides. One industry source puts the national average for uninsured motorist bodily injury coverage at around $111 a year, though it varies by state and driver.
Match your UM limits to your liability limits where you can, so the protection you give others is the protection you get.
Keep collision coverage on a car you could not afford to replace. Read whether full coverage is worth it.
Choose a deductible you could pay without hardship. See how to choose a deductible.
Consider medical payments and rental reimbursement.
Review your policy each year, and compare quotes to see whether you can add protection without paying much more.

If you are the uninsured one

If you are reading this because you are currently uninsured, know that driving without coverage can limit what you recover after a crash in some states, and it carries penalties. There are ways to get covered even when money is tight. Read our guide on what happens if you drive without car insurance, our page on low-income car insurance and our page on car insurance with no prior insurance.

The best time to check your coverage is before you need it. Compare quotes and ask each company about uninsured motorist protection.

Sources

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Written by the StateCarInsuranceUSA editorial team. Last updated October 23, 2026.

This article is for general information only and is not insurance, legal or financial advice. Coverage, rules and prices vary by insurer and state.