If the at-fault driver has no insurance: call police immediately (a police report is essential), then file under your own uninsured motorist (UM) coverage if you have it. Without UM coverage, you rely on your collision cover (minus your deductible) for the vehicle, but you have no automatic cover for injuries. You can sue the uninsured driver personally, but collecting is difficult — most carry no assets. UM coverage is the practical protection that matters.
Your options after an uninsured driver hits you
| Coverage you have | What it pays | Deductible? |
|---|---|---|
| Uninsured motorist bodily injury (UMBI) | Medical bills, lost wages, pain & suffering | Usually none |
| Uninsured motorist property damage (UMPD) | Vehicle repair or total loss | Often $250–$500 |
| Collision coverage | Vehicle repair or total loss | Your collision deductible |
| Medical payments / PIP | Your medical bills regardless of fault | Usually none |
| No UM, no collision | Civil lawsuit against uninsured driver — likely uncollectable | N/A |
Why this happens more than you think
About 13% of US drivers are uninsured at any given time (Insurance Research Council, 2023 data). In Florida, Mississippi and New Mexico the rate exceeds 20%. Despite mandatory insurance laws in all states except New Hampshire, enforcement is inconsistent. If you drive regularly, there is a meaningful statistical chance you will encounter an uninsured driver.
At the scene: critical steps
- Call police even if the damage seems minor. A police report is essential evidence for a UM claim. Officers will run the other driver's details and note the lack of insurance.
- Photograph everything: damage to both vehicles, licence plates, road conditions, any injuries.
- Gather the other driver's name, address, phone number and licence plate even if they have no insurance — you may need to sue them personally later.
- Do not agree to let them pay privately if they offer — their promise to pay is unenforceable and you lose your claims options.
- Get witness details.
Many insurers require a police report as a condition of paying UM benefits, especially for hit-and-run accidents. Some states require a report within a specific timeframe. File it promptly — do not rely on the other driver to report.
Filing under your own UM coverage
Your uninsured motorist (UM) coverage is designed precisely for this situation. It pays as if you were making a claim against the liability insurance the at-fault driver should have had. The process:
- Report the accident to your insurer within 24–72 hours.
- Provide the police report number.
- Your insurer investigates and confirms the other driver is uninsured.
- UMBI pays your medical bills, lost wages and pain and suffering up to your policy limits.
- UMPD (where available) covers vehicle damage, usually with a small deductible ($250–$500).
One important difference from a normal third-party claim: your own insurer is now in the position of the at-fault driver's insurer, so the relationship is different. They have a financial interest in keeping the payout low, even though you are their policyholder. Be thorough with your evidence.
If you have collision coverage but no UM
Your collision coverage will repair or replace your vehicle, minus your collision deductible. However, it will not pay for injuries, lost wages or pain and suffering — those are out of pocket unless you have medical payments (MedPay) or Personal Injury Protection (PIP) coverage. PIP (required in no-fault states) covers medical expenses regardless of fault.
Suing the uninsured driver personally
You have the legal right to sue an uninsured at-fault driver in civil court for your damages. The problem: most people who drive without insurance do so because they cannot afford it, which usually means they also have no meaningful assets to collect from. Winning a judgment and actually collecting it are two different things. A lien on their wages or property is possible but often takes years to yield anything. Suing is worth considering only if you have reason to believe the other driver has assets.
Hit-and-run accidents
If the at-fault driver fled the scene, UM coverage applies in most states — but usually only if there was physical contact between the vehicles. Without contact (a vehicle ran you off the road and left), many states require you to use collision coverage. A police report is especially critical for hit-and-run UM claims; some states also require a corroborating witness.
UK: the Motor Insurers' Bureau (MIB)
In the UK, victims of uninsured drivers claim through the Motor Insurers' Bureau, not through their own insurer. The MIB covers personal injury in full and vehicle damage above a £300 excess. Claims are submitted to the MIB online. Untraced (hit-and-run) claims follow a slightly different process and are capped in some circumstances.
Frequently asked questions
What if the uninsured driver was not at fault?
Does using UM coverage affect my no-claims discount?
What if the at-fault driver has some insurance but not enough?
Should I still see a doctor even if I feel fine?
Is it worth suing an uninsured driver?
Sources & further reading
- Insurance Research Council — Uninsured Motorists Study
- Washington State OIC — Filing an Auto Insurance Claim
Figures, prices and policy details were current at the last-updated date above. Automotive pricing, incentives and regulations change frequently — verify time-sensitive details with the linked primary sources. Read our editorial policy and fact-checking standards.
