What Happens if You’re Hit by an Uninsured Driver?

Last Updated: July 30, 2025 by Michael Kahn. Published: July 2, 2025.

Getting into a car accident is stressful under any circumstances. But the situation becomes even more complicated — and potentially devastating — when you discover the other driver doesn’t have car insurance. You may be left wondering who will pay for your vehicle repairs, your medical bills, or the wages you lose while recovering.

Table of Contents

• 1. Call the Police — Always
• 2. Do Not Confront the Other Driver
• 3. Check Your Own Insurance Coverage
  • Uninsured Motorist (UM) Coverage
  • Collision Coverage
  • Medical Payments (MedPay) or Personal Injury Protection (PIP)
• 4. What If You Don’t Have UM Coverage?
• 5. The Role of a Personal Injury Lawyer
• 6. Be Prepared for Delays and Documentation
• 7. Future Protection: Why UM Coverage Matters

Unfortunately, millions of drivers in the U.S. are uninsured, despite laws requiring auto insurance in nearly every state. According to the Insurance Research Council, about 1 in 8 drivers on the road is uninsured. That means there’s a real chance you could get hit by someone who isn’t covered.

So what happens next? Here’s what you need to know — and do — if you’re hit by an uninsured driver. If you need an attorney, you should contact Andy Citrin Injury Attorneys.

1. Call the Police — Always

Whether the crash seems minor or serious, it’s critical to call the police and report the accident. This step becomes even more important when the other driver is uninsured.

A police report:

• Documents the crash and the other driver’s lack of insurance
• Can help support your claim if you file with your own insurance
• May be required by your state if you intend to pursue legal action

Do not agree to “settle it privately,” even if the uninsured driver pleads with you. Without documentation, you’ll have no legal recourse if they refuse to pay or later change their story.

2. Do Not Confront the Other Driver

Finding out that the other driver doesn’t have insurance can be infuriating — especially if you’re dealing with injuries, car damage, or missed work. But it’s important to stay calm and avoid escalating the situation.

Exchange basic information:

• Name and contact details
• License and plate number
• Vehicle information

Let the police handle the rest. Making threats or getting angry won’t change the facts — and could hurt your case later on.

3. Check Your Own Insurance Coverage

If the other driver is uninsured, your best protection comes from your own insurance policy, specifically:

Uninsured Motorist (UM) Coverage

UM insurance is designed to cover your injuries and, in some cases, property damage when the at-fault driver has no insurance. Depending on your state and policy, this coverage may help pay for:

• Medical bills
• Lost wages
• Pain and suffering
• Funeral expenses (in fatal crashes)

Some states require UM coverage, while others offer it as optional. If you have it, filing a UM claim is often the fastest and most effective way to recover compensation after a crash with an uninsured driver.

Collision Coverage

If you carry collision coverage, it may help pay for repairs to your car — even if the other driver is uninsured. However, you’ll likely be responsible for your deductible.

Medical Payments (MedPay) or Personal Injury Protection (PIP)

Depending on your state, these coverages may help with your medical bills regardless of who was at fault. They can be used before tapping into UM coverage or health insurance.

4. What If You Don’t Have UM Coverage?

If you don’t have UM insurance, your options become more limited. You may:

• Use your health insurance for medical care (though you may still be responsible for deductibles and copays)
• Use collision insurance for vehicle repairs
• Pay out of pocket
• Sue the at-fault driver directly

While you can file a lawsuit against the uninsured driver, collecting compensation can be difficult. Many uninsured drivers have few assets, which is often why they don’t carry insurance to begin with. Even if you win a judgment, enforcing it can be a slow and frustrating process.

5. The Role of a Personal Injury Lawyer

If you’ve been hit by an uninsured driver, it’s a good idea to speak with a personal injury attorney — especially if you’ve suffered serious injuries.

A lawyer can:

• Review your insurance policy and identify sources of compensation
• File a UM claim and negotiate with your insurer
• Investigate the crash and build a strong case
• Determine whether suing the at-fault driver is worthwhile
• Protect you from lowball settlement offers

Most personal injury attorneys offer free consultations and only get paid if you win compensation, so there’s little risk in getting legal advice.

6. Be Prepared for Delays and Documentation

Filing a UM claim isn’t always automatic. Your insurance company may still investigate the crash to verify that the other driver was at fault and truly uninsured.

To support your claim, be prepared to provide:

• The police report
• Medical records
• Photos of the accident scene and damage
• Witness statements
• Repair estimates

A lawyer can help you organize and present this evidence in a way that strengthens your case.

7. Future Protection: Why UM Coverage Matters

If you didn’t have uninsured motorist coverage at the time of the crash, consider adding it to your policy going forward. UM coverage is one of the most important — and affordable — protections you can carry.

It often costs just a few extra dollars a month but can save you thousands if you’re ever hit by an uninsured or hit-and-run driver.

Ask your insurance agent:

• Whether you currently have UM coverage
• What the policy limits are
• Whether it includes uninsured motorist property damage (UMPD) or just bodily injury

Boosting your limits or adding UMPD can offer even more peace of mind.

Getting hit by an uninsured driver is frustrating and unfair — but you’re not out of options. If you carry uninsured motorist coverage or collision insurance, you may be able to recover most or all of your costs. If not, you still have the right to pursue compensation through other means, including a lawsuit.

The key is to act quickly, document everything, and speak to an experienced car accident attorney who can help guide you through the process.

Being proactive now can make a world of difference in protecting your health, your finances, and your future.