Hit by an uninsured driver: what to do
Your own coverage, no-fault benefits and claiming from the driver.
Being hit by a driver with no insurance, or by a driver who drives away, is more common than many people think. You still have options: your own policy, no-fault benefits in some states, and a claim or lawsuit against the driver. This guide explains them, with the rules from our 50 state guides.
First steps
- Call the police and report the crash, especially for a hit-and-run. Many insurers expect a prompt police report before they pay an uninsured motorist claim.
- Write down the other car's plate number, make, model and color, and get witness names. Take photos.
- Tell your own insurer quickly and ask whether your policy has uninsured motorist (UM) or collision coverage.
- See a doctor if you feel any pain, and keep every bill.
Uninsured motorist coverage
Uninsured motorist (UM) coverage in your own policy pays for your injuries, and in some states your car, when a driver with no insurance causes the crash. Underinsured motorist (UIM) coverage helps when the other driver's insurance is too small for your losses. The rules differ by state:
- Required in every policy in states such as Connecticut, Kansas, Maryland, Massachusetts, Minnesota, Nebraska, North Carolina and North Dakota.
- Included unless you reject it in writing in states such as Alaska, Colorado, Delaware, Idaho, Indiana, Iowa, Kentucky and Oklahoma.
- Not required, only offered or optional, in states such as Arizona, Arkansas, Michigan, Nevada, Ohio, Pennsylvania and Texas.
Look at your policy's declarations page to see whether you have UM or UIM coverage and how much. If you rejected it in writing, you may not have it. Compare states in the minimum insurance table.
No-fault states
In no-fault states, such as Florida, Hawaii, Kansas, Massachusetts, Michigan and Minnesota, your own personal injury protection (PIP) pays your first medical bills and lost income whoever caused the crash, so an uninsured driver doesn't stop those benefits. In New York, people with no insurance of their own who are hurt by an uninsured or hit-and-run driver can apply to the state's Motor Vehicle Accident Indemnification Corporation (MVAIC). Your state page explains your state's rules.
Damage to your car
If you have collision coverage, your own insurer can pay for repairs, minus your deductible, whoever caused the crash. In some states, uninsured motorist property damage coverage also covers your car. Without either, you may have to claim from the driver directly.
Claiming from the uninsured driver
You can ask the driver to pay and, if they don't, sue them. For property damage, small claims court is often the simplest way: read how to use small claims for car damage. Winning a judgment doesn't always mean you get paid, because a driver with no insurance may have little money. Your state's deadline to sue still applies; use the deadline calculator.
Penalties for the uninsured driver
Every state in our guides requires drivers to carry insurance or show financial responsibility. A driver caught without it can face fines and the loss of their license or registration, and some states also require proof of future insurance. Those penalties don't pay your bills, but reporting the crash starts the process. Each state page lists what happens in that state, where our data says so.
Step by step
- Report the crash to the police right away.
- Tell your insurer and ask about UM, UIM, collision and medical coverage.
- In a no-fault state, file your PIP claim by its deadline.
- Keep every record of your damages.
- Claim from or sue the driver before your state's deadline if your coverage doesn't pay everything.