Being hit by someone with no insurance is more common than most people expect, and the answer is usually that you claim on your own policy. That feels wrong when you did nothing wrong, but it is what uninsured motorist coverage exists for, and using it is not the same as being at fault.
First steps at the scene
- Call the police and insist on a report. This matters more than usual: most policies require a police report before paying an uninsured motorist claim.
- Get the driver’s name, address, licence number and plate, even though they have no insurance. You need to be able to identify them later.
- Photograph everything, and get witness details.
- Do not accept cash at the scene in exchange for letting it go. You cannot know yet what your injuries or repairs will cost.
- Get medical care, and say you were in a crash.
Using your UM and UIM coverage
Uninsured motorist (UM) coverage pays for your injuries when the at-fault driver has no insurance, and in most states when they are never identified, such as a hit-and-run. Underinsured motorist (UIM) coverage applies when the driver has insurance but not enough to cover what you lost.
Some states require insurers to offer this coverage and let you decline it in writing. If you are not sure whether you have it, look at your declarations page for “UM” or “UIM” rather than guessing.
One thing to understand: a UM claim is made against your own insurer, but it is still a claim they will investigate and negotiate. Their adjuster is not acting against you out of bad faith, but they are not on your side of the table either. Everything in dealing with insurance after an accident applies.
MedPay and PIP
MedPay covers medical bills up to its limit regardless of fault, and it pays quickly, which helps when treatment starts before any claim is resolved. Personal injury protection (PIP) is broader and exists in no-fault states, often covering medical costs and some lost earnings. Either can keep bills from going to collections while the main claim is worked out.
Suing the driver personally
You can sue an uninsured driver directly, and sometimes it is the right call. Be realistic about what it produces. Someone who could not afford insurance usually has little to collect against, and a judgment you cannot enforce has cost you time and filing fees. It is worth more consideration if the driver owns property, has steady income that could be garnished where your state allows it, or was driving for work, in which case their employer may be responsible.
When to get a lawyer
UM claims are one of the places where having someone negotiate for you tends to matter, because you are arguing value with your own insurer and the policy language controls a lot of it. Consider talking to a lawyer if your treatment goes beyond a few visits, if your insurer disputes the value or the injury, or if the driver may have been working at the time. Most injury lawyers work on contingency, which is explained in how contingency fees work.
There is a deadline, and UM claims sometimes carry their own notice requirements in your policy that are shorter than the legal deadline. See filing deadlines by state, and read your policy for the notice clause.
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Frequently asked questions
Will my rates go up if I use uninsured motorist coverage?
A not-at-fault UM claim is less likely to raise your premium than an at-fault claim, and some states restrict insurers from surcharging for it. It is not guaranteed, though, and it varies by insurer and state. Ask your agent directly.
What if I do not have uninsured motorist coverage?
Check your declarations page before assuming you do not, since some states require it unless you declined in writing. If you genuinely have none, MedPay, PIP or your health insurance may cover medical bills, and collision coverage may cover the car. Suing the driver is the remaining option.
The driver had insurance but it was not enough. Is that the same thing?
That is underinsured motorist coverage, UIM, rather than UM. It covers the gap between what the at-fault driver's policy pays and what you actually lost. You usually have to settle with or exhaust the at-fault policy first, and your own policy sets out the steps.
Is it worth suing a driver with no insurance?
Sometimes, but a judgment is only worth what you can collect. It is worth more thought if the driver owns property, has wages that could be garnished where your state allows it, or was working at the time, because their employer may then be responsible.
This guide is general information, not legal advice. Laws change and every case is different. Talk to a licensed attorney about your situation.