Guides
What to do after an accident with an uninsured driver
Steps to take at the scene, which of your own coverages pay for your car and injuries, and your options for collecting from a driver with no insurance.
Call the police, document the driver's identity and the scene, and report the crash to your own insurer. Your uninsured motorist coverage pays for injuries the uninsured driver caused, and uninsured motorist property damage or collision coverage pays for your car. You can also sue the driver personally, but collecting from someone who could not afford insurance is often difficult, which is why your own policy usually does the heavy lifting.
This is not a rare situation. The Insurance Research Council estimated that 15.4% of motorists, more than one in seven, were uninsured in 2023, and rates vary widely by state (see uninsured drivers by state).
At the scene
- Call 911 if anyone is hurt, and call the police in any case. A police report carries extra weight when the other driver has no coverage, and many policies expect one for an uninsured motorist claim.
- Photograph the driver's license, the plate and the vehicle. If they show an insurance card, photograph it too; it may turn out to be expired or for another car.
- Get the owner's information if the driver does not own the car. The owner may have a policy even if the driver does not.
- Collect witness names and numbers.
- Do not accept a promise to pay later without the driver's full identification in writing, and do not let them leave before police arrive if you can avoid confrontation.
- Use the after-accident checklist and information form to capture everything.
If the driver flees before you get their information, the claim becomes a hit-and-run, with slightly different rules; see hit-and-run accidents: how to file a claim.
Which of your coverages pays
| Your loss | Coverage that may pay | Notes |
|---|---|---|
| Injuries to you and your passengers | Uninsured motorist bodily injury (UMBI) | Pays what the at-fault driver's liability would have, up to your UM limit |
| Medical bills right away | Personal injury protection or medical payments coverage, then health insurance | PIP is required in no-fault states; MedPay is optional in most others |
| Damage to your car | uninsured motorist property damage (UMPD) | Not offered or required in every state; often has a lower deductible and a cap |
| Damage to your car, if no UMPD | Collision coverage | Your collision deductible applies; some insurers or states waive it when the uninsured driver is identified |
| Rental car while yours is repaired | Rental reimbursement | Only if you bought it |
| Lost wages | UMBI or PIP | Depends on state and policy |
Whether UM and UMPD are required, optional or available at all depends on where you live. Check your state in the state car insurance requirements lookup and look at your declarations page for the limits you actually carry.
A worked example
These numbers are hypothetical. An uninsured driver runs a red light and causes $6,000 of damage to your car.
| If you have | You pay | Your insurer pays |
|---|---|---|
| UMPD with a $250 deductible | $250 | $5,750 |
| Collision with a $1,000 deductible, no UMPD | $1,000 | $5,000 |
| Liability only | $6,000 | $0, unless you collect from the driver |
The gap between the first and last rows is the case for carrying UM coverage even if you drive an older car.
If you don't have UM or collision coverage
You still have options, though fewer:
- Health insurance covers your medical treatment under its normal terms.
- The car's owner, if different from the driver, may have a policy that covers permitted drivers.
- Other responsible parties. If the driver was working, their employer's commercial policy may apply.
- Suing the driver directly, discussed below.
Collecting from the uninsured driver
You can sue the uninsured driver for your losses, often in small claims court for property damage. Winning is usually easier than collecting. Tools that help:
- License suspension. Under state financial responsibility laws, many states suspend the license or registration of an uninsured driver involved in a crash, and of a driver who does not pay a crash judgment, until they settle it or arrange payment.
- Wage garnishment and bank levies, using your state's judgment collection procedures.
- Payment plans. A modest monthly payment the driver can actually afford may recover more than a judgment they cannot pay.
If your insurer paid your claim, it may pursue the driver itself through subrogation and refund your deductible if it recovers.
Limits on what the uninsured driver can claim
Some states restrict what uninsured drivers can recover after a crash, even when they were not at fault. These no-pay, no-play laws typically bar them from collecting for pain and suffering; no pay, no play laws lists the states that have them. Uninsured drivers also face fines, license and registration suspensions and other penalties under their state's insurance laws.
When the other driver has some insurance, but not enough
If the at-fault driver carries only their state's minimum and your injuries exceed it, underinsured motorist (UIM) coverage can pay the difference up to your limit. How UIM is calculated, and whether you can combine limits across vehicles, varies by state; see uninsured and underinsured motorist coverage explained.
Protecting yourself next time
- Carry UM and UIM limits at least equal to your own liability limits, if your budget allows.
- Add UMPD where it is available, especially if you drop collision on an older car.
- Keep MedPay or PIP for immediate medical costs.
- Recheck your limits whenever you change cars, add a driver or move to another state.
Key takeaways
- About one in seven drivers was uninsured in 2023, according to the Insurance Research Council.
- Call police, photograph the driver's documents and plate, and get the owner's details.
- Uninsured motorist bodily injury covers your injuries; UMPD or collision covers your car.
- Suing the driver is possible, but collecting is hard; license suspension laws give you leverage.
- Check your state's UM rules and your own limits before you need them.