What Happens If an Uninsured Driver Hits You?

Updated October 13, 2026 · 2 min read · 3 sources

Short answer

Your own uninsured motorist (UM) coverage usually pays your injuries, and collision coverage or uninsured motorist property damage pays for your car. If the at-fault driver has insurance but too little, underinsured motorist (UIM) coverage can make up the difference. You can also sue the driver personally, but collecting from someone without insurance is often difficult.

Every state but a few requires drivers to carry liability insurance, yet many drivers are uninsured or carry only the minimum. When one of them hits you, your own policy becomes the main source of payment.

Coverage that can pay you

Coverage What it pays
Uninsured motorist bodily injury (UMBI) Your and your passengers' injuries, lost wages and pain and suffering when the at-fault driver has no insurance or flees
Underinsured motorist (UIM) The gap when the at-fault driver's limits are too low for your losses
Uninsured motorist property damage (UMPD) Damage to your car, in states that offer it
Collision Repairs to your car regardless of fault, minus your deductible
MedPay or PIP Medical bills, regardless of fault
Health insurance Medical bills; may seek repayment

Some states require drivers to carry UM coverage and others only require insurers to offer it (Insurance Business). If you rejected it in writing, it may not be on your policy, so check your declarations page.

Steps to take

  1. Call police and get a report; it documents the other driver's lack of insurance.
  2. Get the driver's name, address, license and plate, even if they say they have no insurance.
  3. Photograph the scene and get witness details.
  4. Notify your insurer promptly and ask to open a UM or UIM claim.
  5. For a UIM claim, notify your insurer before accepting the at-fault driver's policy limits. Many policies require the insurer's consent first, and settling without it can jeopardize UIM coverage.

Your insurer is now on the other side

A UM/UIM claim is a claim against your own insurer, but the insurer stands in the shoes of the uninsured driver and may dispute fault or the value of your injuries. Many policies send disputes to arbitration. Insurers still owe their policyholders good faith, and unreasonable denial or delay may be bad faith in many states (Cornell LII).

Suing the uninsured driver

You can sue the driver personally, and many states suspend the license of an uninsured driver who does not pay a judgment. But individuals without insurance often have few assets, so a judgment can be hard to collect. See how to collect a judgment.

Hit and run

If the driver fled, UM coverage generally applies, but policies may require prompt police reporting. See what to do after a hit and run.

A personal injury lawyer can handle a UM or UIM claim, usually on contingency.

Sources

  1. Insurance Business: US states that require uninsured motorist coverage
  2. Policygenius: Does car insurance cover a hit-and-run?
  3. Cornell Law School LII: Bad faith

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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

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