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Hit by an Uninsured Driver? A Step-by-Step Guide to Getting Your Car and Medical Bills Covered

By AutoInsuranceBundle.pro · Published

You exchange information after a crash and the other driver hesitates, then says it: "I don't have insurance." It is a more common moment than many people think. According to an Insurance Research Council study cited by the Insurance Information Institute, an estimated 15.4% of U.S. motorists were uninsured in 2023, with rates above 20% in several states.

The good news is that you are not necessarily stuck paying for someone else's mistake. The bad news is that the coverage that protects you is the coverage you chose, or did not choose, long before the crash.

First, handle the scene the same way you would with any crash

  1. Make sure everyone is safe and call the police. With an uninsured driver, a police report is especially important. Some insurers require one for an uninsured motorist claim, and many states require crashes with injuries or significant damage to be reported.
  2. Get the driver's details anyway: name, address, driver's license number, plate, vehicle description, and the name of the vehicle's owner if it is someone else. The owner may have a policy even if the driver says they do not.
  3. Take photos of both vehicles, the plates, the scene, and the other driver's license if they agree.
  4. Don't accept a cash deal on the spot. A promise to "pay you later" often falls apart once a repair estimate comes in, and it can leave you without documentation.
  5. Call your insurer the same day and tell them the other driver may be uninsured.

Which coverages can pay

Uninsured motorist bodily injury (UMBI)

This pays for your injuries and those of your passengers when an at-fault driver has no liability insurance. It can cover medical bills, lost wages, and in many states pain and suffering, up to your limits. About 20 states and Washington, D.C., require some form of UM or UIM coverage, according to the III. In others, insurers must offer it and you may have rejected it in writing.

Underinsured motorist coverage (UIM)

If the driver has insurance but only a small limit, UIM can pay the difference between their limit and your losses, up to your UIM limit. In some states, UIM is triggered only when your damages exceed their limit; in others, it is triggered when their limit is lower than yours. That technical detail can make a big difference in a serious crash.

Uninsured motorist property damage (UMPD)

Some states offer UMPD to cover your car's damage when the other driver is uninsured. It often has a lower limit and its own small deductible, and in some states it only applies if the uninsured driver is identified, which is why getting their information matters. UMPD does not exist in every state.

Collision coverage

Collision pays to fix your car regardless of who caused the crash, minus your deductible. If you have collision but not UMPD, this is usually how your car gets repaired. Some policies waive the collision deductible when an identified uninsured driver is at fault, so ask.

MedPay or PIP

Medical payments coverage, or personal injury protection in no-fault states, pays medical bills quickly regardless of fault and can fill in while a UM claim is handled.

A quick example

Imagine you are stopped at a light and an uninsured driver rear-ends you, causing $6,000 in damage and a few physical therapy visits. If you carry collision with a $500 deductible and MedPay, your car gets fixed for $500 out of pocket and your therapy bills are covered up to your MedPay limit. If you also carry UMPD in a state that offers it, it may cover the deductible or the repair. If you carry only liability insurance, your own policy may pay nothing for your car, and your only option may be suing a driver who may not have money to pay.

What about stacking?

Some states allow "stacked" UM coverage, which lets you combine the UM limits for each car on your policy, or across policies. For example, two cars with $50,000 of UM each could provide up to $100,000 when stacked. Stacking usually costs more and is not allowed everywhere. It is worth asking about if you have several vehicles.

Mistakes that weaken an uninsured motorist claim

  • Not calling the police. Without a report, it can be harder to prove the other driver was involved and at fault.
  • Missing your policy's notice deadlines. UM claims can have strict reporting rules, particularly for hit-and-run crashes.
  • Settling with the driver directly without telling your insurer. In some cases that can affect your insurer's right to recover money and, with it, your claim.
  • Dropping UM to save a few dollars. It is often one of the more affordable parts of a policy compared with the risk it covers.

Can you sue the uninsured driver?

Yes, you can generally pursue a claim against the driver personally, and your insurer may do the same after paying you. Many states also suspend the license or registration of uninsured drivers involved in crashes. Collecting money from someone without insurance is a separate matter, which is why your own coverage matters most.

Check your coverage before you need it

Look at your declarations page for "uninsured motorist" and "underinsured motorist" lines. If they are missing or low, a licensed agent can show you what higher limits would cost. Compare car insurance quotes with one free call at (888) 217-5854.

FAQ

Will my rates go up if an uninsured driver hit me?

Uninsured motorist claims for crashes you did not cause typically are not treated like at-fault accidents, and some states restrict surcharges in that situation. Insurer practices vary.

Do I need a police report for an uninsured motorist claim?

It depends on your policy and state, but a report is strongly recommended and sometimes required, especially for hit-and-run claims.

What if the uninsured driver was driving someone else's car?

Insurance usually follows the vehicle first. If the owner has a policy and gave permission, that policy may pay. If not, your UM coverage can apply.

Is UM coverage required in my state?

About 20 states and Washington, D.C., have some mandatory UM or UIM requirement. In other states, insurers must offer it. An agent can tell you what applies where you live.

Important: This article is general information, not legal, tax, or insurance advice, and coverage rules vary by state, insurer, and policy. AutoInsuranceBundle.pro is a free, independent insurance comparison and referral service. We are not an insurance company, we do not issue policies, and we do not provide insurance advice. Calls to the number on this site are routed to licensed insurance agents or agencies in our partner network, who may receive compensation. Calling is completely voluntary and there is no obligation to buy. Rates, discounts, and availability vary by carrier, state, and individual eligibility; not all carriers, products, or discounts are available in all states. Calls may be recorded for quality and compliance purposes.

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