What to Do After a Car Accident With an Uninsured Driver

Your first steps after the crash

If you hit an uninsured driver, your own insurance is your main protection — not theirs. Call your insurance company before you leave the scene or as soon as you can afterward. Most policies cover uninsured motorist (UM) or uninsured/underinsured motorist (UIM) damage, which means your own insurer will pay for your injuries and vehicle damage up to your policy limits, minus your deductible.

At the scene, get the other driver's name, phone number, address, and driver's license number. Take photos of both vehicles, the damage, the accident location, and road conditions. Get contact information from any witnesses. Do not assume the other driver is uninsured — they may simply not have their insurance card with them. The police report will eventually show whether they had active coverage at the time of the crash.

File a police report if there are injuries, significant damage, or if the other driver left the scene. In most states, you are required to report accidents above a certain damage threshold — usually $500 to $1,000, though this varies. The report creates an official record and is often required by your insurance company before they will pay a claim.

Key Takeaways

• Your own uninsured motorist coverage pays for your injuries and vehicle damage when the other driver has no insurance, up to the limits you chose when you bought your policy.
• You will pay your own deductible (usually $250 to $1,000) before your insurance covers the rest, even though the accident was not your fault.
• The other driver can still be sued for damages beyond your policy limits, but collecting money from an uninsured person is difficult and often unsuccessful.
• Your insurance company will attempt to recover money from the uninsured driver through subrogation, but this rarely results in full payment.
• Some states allow you to file a claim with a state uninsured motorist fund, though availability and payout limits vary widely.

How uninsured motorist coverage works

Uninsured motorist coverage is optional in most states, but it is the only protection you have against an uninsured driver. When you file a claim under this coverage, your insurance company acts as if they were the other driver's insurer. They will investigate the accident, determine fault, and pay you for covered losses — medical bills, lost wages, pain and suffering, and vehicle repairs or replacement.

Your deductible applies to UM claims just as it does to collision claims. If you chose a $500 deductible and your damages total $8,000, you pay $500 and your insurance pays $7,500. Some policies let you set a separate deductible for uninsured motorist claims, so check your policy documents to see what you chose.

The amount your insurance will pay is capped at your policy limits. If you bought $25,000 in UM coverage and your damages are $40,000, your insurance pays $25,000 and you absorb the remaining $15,000 unless you can recover it from the uninsured driver directly through a lawsuit.

Whether you can sue the uninsured driver

You can file a lawsuit against an uninsured driver for damages beyond your insurance coverage, but winning a judgment and actually collecting money are two different things. An uninsured driver is often uninsured because they have few assets and little income. Even if you win in court, the driver may have no bank account, no property, and no wages you can garnish.

Small claims court is an option if your damages are below your state's limit (usually $5,000 to $10,000). You can file without a lawyer, and the process is faster and cheaper than regular civil court. However, you still face the problem of collecting from someone with no money.

If you do win a judgment, you can pursue collection through wage garnishment, bank account levies, or liens on property. Some states allow you to renew judgments for 10 to 20 years, so you may be able to collect years later if the driver's financial situation improves. A collection attorney can help, but their fees will reduce what you recover.

Subrogation: your insurance company's recovery attempt

After your insurance company pays your claim, they have the legal right to pursue the uninsured driver for reimbursement. This process is called subrogation. Your insurer will send a demand letter to the other driver or their attorney, and may file a lawsuit if the amount is large enough to justify the cost.

In practice, subrogation against an uninsured driver rarely recovers the full amount paid. The uninsured driver often has no assets or income to pursue. Your insurance company may recover a portion of what they paid, or nothing at all. If they do recover money, it typically goes to your insurance company first, then to you if there is anything left after their costs.

You do not have to do anything to trigger subrogation — your insurance company handles it automatically. However, you cannot accept a settlement from the uninsured driver without your insurance company's permission, because doing so may release them from liability and prevent your insurer from recovering their payout.

State uninsured motorist funds

Some states operate an uninsured motorist fund — a pool of money set aside to compensate victims of uninsured drivers. These funds exist in roughly half the states, but the rules, payout limits, and application processes vary significantly. A few states have no such fund at all.

If your state has a fund, you typically must exhaust your own insurance coverage first, prove the other driver was uninsured and at fault, and file a claim within a set time frame — often one to three years after the accident. Payout limits are usually $15,000 to $25,000 per claim, which may not cover your full damages. Some funds require you to pursue the uninsured driver in court first before they will consider your claim.

Contact your state's insurance commissioner's office or department of insurance to learn whether your state has an uninsured motorist fund and what the rules are. The process is different in every state, and the fund may be closed to new claims depending on its balance.

Protecting yourself going forward

Uninsured motorist coverage is inexpensive compared to the protection it provides. The cost depends on your state, your age, your driving record, and the coverage limits you choose. In most states, adding or increasing UM coverage costs $15 to $50 per year for modest limits.

Consider setting your UM limits equal to your liability limits. If you carry $100,000 in liability coverage, set your UM coverage to $100,000 as well. This way, you have the same protection whether you hit someone or someone hits you. Some states require UM limits to match your liability limits; others let you choose lower limits.

Underinsured motorist (UIM) coverage is also worth considering. This covers you if the other driver has insurance but their limits are too low to cover your damages. UM and UIM are often sold together as a single coverage, so you may already have both.

What happens if you were partially at fault

If you were partially responsible for the accident, your recovery under uninsured motorist coverage depends on your state's fault rules. In no-fault states, you file a claim with your own insurance regardless of who caused the accident, and your insurer pays your medical bills and lost wages up to your policy limits. Fault does not matter for this coverage.

In at-fault states, your recovery is reduced by your percentage of fault. If you were 20 percent at fault and your damages are $10,000, you recover $8,000. Some at-fault states use a "comparative negligence" rule that bars recovery if you were more than 50 percent at fault. Check your state's rules or ask your insurance company how your state handles partial fault in UM claims.

Frequently Asked Questions

Do I have to pay my deductible even though the accident was not my fault?

Yes. Your deductible applies to uninsured motorist claims the same way it applies to collision claims. Some insurance companies offer a waiver of deductible if the other driver is found at fault and you recover money from them, but this is not standard. Check your policy or ask your agent whether your policy includes this option.

What if the other driver gave me a fake name or left the scene?

You can still file a claim under your uninsured motorist coverage. You will need the police report and any witness information you collected. If the other driver left the scene, that is a hit-and-run, which is a crime. Report it to police immediately. Your insurance company will investigate using the police report and any evidence available.

Can I recover rental car costs or other expenses while my car is being repaired?

This depends on your policy. Some uninsured motorist policies cover rental reimbursement and other expenses; others do not. Check your policy documents or call your insurance company to see what is covered. If rental coverage is not included, you may be able to add it for a small additional premium.

How long does it take to settle an uninsured motorist claim?

Simple claims with clear fault and minor injuries may settle in a few weeks. Claims involving significant injuries, disputes over fault, or medical treatment that is still ongoing can take months or longer. Your insurance company will keep you updated on the status of your claim.

What if my insurance company denies my uninsured motorist claim?

If your claim is denied, your insurance company must provide a written explanation. You can appeal the denial or file a complaint with your state's insurance commissioner if you believe the denial was unfair. Some states allow you to pursue arbitration or mediation to resolve disputes with your insurer.