Uninsured Driver Hit Your Car? Here’s What To Do

Quick answer

• Gather all information at the scene, including driver’s license, insurance (if any), and contact details.
• File a police report immediately; this is crucial for claims.
• Contact your own insurance company, even if you think the other driver was at fault.
• Document all damages and injuries thoroughly with photos and notes.
• Understand your insurance policy for uninsured/underinsured motorist coverage.
• Seek medical attention promptly for any injuries, no matter how minor they seem.
• Keep meticulous records of all expenses related to the accident.

Who this is for

• Drivers who have been involved in a car accident.
• Individuals who suspect the at-fault driver may not have insurance.
• Car owners concerned about potential financial losses from uninsured drivers.

What to check first (before you act)

Goal and timeline

Your primary goal is to recover financially from the accident, covering vehicle repairs and medical expenses. The timeline for this can vary significantly, from a few weeks for minor repairs to many months or even years if there are serious injuries or legal disputes. Understand that resolving claims with uninsured drivers can take longer than with insured ones.

Current cash flow

Assess your immediate financial situation. Do you have enough readily available cash to cover immediate expenses like a rental car, co-pays for medical visits, or deductibles? If not, you’ll need to understand how quickly you can access funds or if you need to explore short-term financing options, though this should be a last resort.

Emergency fund or safety buffer

Do you have an emergency fund? This is the ideal time to have one. If you do, determine how much you can comfortably use for accident-related expenses without jeopardizing your other financial obligations. If you don’t have one, be aware that this situation might strain your finances.

Debt and interest rates

Review any outstanding debts, especially high-interest ones like credit cards. If you need to borrow money for accident-related expenses, understand the interest rates involved. Prioritize using funds or borrowing at the lowest possible interest rate to minimize long-term costs.

Credit impact

Consider how potential out-of-pocket expenses or the need for loans might impact your credit score. While immediate accident costs are the priority, be mindful of any actions that could lead to late payments or increased debt utilization.

Step-by-step (simple workflow)

Step 1: Ensure Safety and Call 911

What to do: Check for injuries. If anyone is hurt, call 911 immediately. Even if no one appears injured, if there’s significant damage or you suspect the other driver is uninsured, call the police to file a report.
What “good” looks like: Everyone is safe, and emergency services are on their way if needed. A police officer is dispatched to the scene.
A common mistake and how to avoid it: Leaving the scene before the police arrive or before exchanging information. Avoid this by staying put unless you have to move your vehicle for safety.

Step 2: Exchange Information

What to do: Get the other driver’s name, address, phone number, driver’s license number, and license plate number. Crucially, ask for their insurance information. If they are hesitant or claim not to have insurance, note that down.
What “good” looks like: You have all the identifying information for the other driver and their vehicle.
A common mistake and how to avoid it: Not getting enough information, or accepting verbal assurances of insurance. Always ask for the insurance card and policy number. If they don’t have it, note that they stated they don’t have insurance.

Step 3: Document the Scene

What to do: Take clear photos of the accident scene from multiple angles, including damage to both vehicles, the surrounding area, road conditions, and any traffic signals or signs. Note the date, time, and location.
What “good” looks like: Comprehensive visual evidence that accurately depicts the accident.
A common mistake and how to avoid it: Relying solely on memory or taking blurry photos. Avoid this by using your phone’s camera and taking multiple shots before anything is moved.

Step 4: Get Witness Information

What to do: If there are any witnesses, ask for their names and contact information. Their independent account can be invaluable.
What “good” looks like: You have at least one witness willing to provide their contact details.
A common mistake and how to avoid it: Not asking witnesses for their information, assuming they’ll come forward later. Avoid this by actively seeking out and recording witness details at the scene.

Step 5: File a Police Report

What to do: Once the police arrive, provide them with all the information you’ve gathered. Obtain the police report number and the officer’s name and badge number.
What “good” looks like: A formal police report is filed, which will serve as an official record of the incident.
A common mistake and how to avoid it: Not getting a police report number or not understanding how to obtain the full report later. Avoid this by asking the officer for the report number and instructions on how to get a copy.

Step 6: Notify Your Insurance Company

What to do: Contact your own insurance company as soon as possible, even if the other driver was at fault. Report the accident and inform them that the other driver may be uninsured.
What “good” looks like: Your insurance company is aware of the accident and has initiated a claim process.
A common mistake and how to avoid it: Waiting too long to report the accident, which could jeopardize your claim. Avoid this by calling your insurer within the timeframe specified in your policy.

Step 7: Understand Your Coverage

What to do: Review your auto insurance policy, specifically looking for “uninsured motorist” (UM) or “underinsured motorist” (UIM) coverage. This coverage is designed to protect you in situations like this.
What “good” looks like: You clearly understand what your UM/UIM coverage entails, including its limits and deductible.
A common mistake and how to avoid it: Assuming you don’t have UM/UIM coverage or not understanding its specifics. Avoid this by reading your policy documents or calling your agent to clarify.

Step 8: Seek Medical Attention

What to do: Even if you feel fine, get a medical evaluation. Some injuries, like whiplash, may not be immediately apparent. Keep all medical records and bills.
What “good” looks like: You’ve been medically assessed, and any injuries are documented.
A common mistake and how to avoid it: Delaying medical treatment or downplaying symptoms. Avoid this by seeking professional medical advice promptly after the accident.

Step 9: Get Repair Estimates

What to do: Obtain at least two or three detailed estimates for vehicle repairs from reputable body shops.
What “good” looks like: You have a clear understanding of the cost to repair your vehicle.
A common mistake and how to avoid it: Accepting the first estimate without comparison or going to a shop not approved by your insurer. Avoid this by shopping around for estimates and understanding your insurer’s repair network.

Step 10: Keep Detailed Records

What to do: Maintain a file for all accident-related documents: police report, photos, witness information, repair estimates, medical bills, lost wage documentation, and all communication with insurance companies.
What “good” looks like: An organized system for all accident-related paperwork and expenses.
A common mistake and how to avoid it: Losing receipts or not keeping track of communications. Avoid this by creating a dedicated folder or digital system from day one.

Common mistakes (and what happens if you ignore them)

Mistake	What it causes	Fix
Leaving the scene of the accident	Legal penalties, inability to file a claim later.	Stay at the scene until police clear you to leave.
Failing to get a police report	Difficulty proving fault and damage to insurance companies.	Insist on a police report and get the report number.
Not gathering enough information from the other driver	Inability to locate the driver or their (non-existent) insurer.	Get as much identifying information as possible, even if they claim no insurance.
Delaying medical treatment	Worsening injuries, insurance denying claims due to lack of timely care.	Seek medical attention immediately after the accident, even for minor complaints.
Not notifying your own insurance company promptly	Potential denial of your own UM/UIM claim.	Report the accident to your insurer within your policy’s reporting period.
Assuming you don’t have Uninsured Motorist (UM) coverage	Being solely responsible for your damages and injuries.	Carefully review your policy or call your agent to confirm UM/UIM coverage.
Not taking photos or documenting the scene	Weak evidence to support your claim.	Take clear, comprehensive photos and videos of all damage and the surroundings.
Not getting multiple repair estimates	Overpaying for repairs or accepting substandard work.	Obtain at least 2-3 estimates from reputable shops.
Communicating only verbally with insurers	Lack of a paper trail for important decisions or agreements.	Follow up all phone conversations with an email or letter summarizing the discussion.
Not keeping meticulous records of all expenses	Difficulty proving your losses to insurance or in court.	Create a dedicated file for all receipts, bills, and correspondence.

Decision rules (simple if/then)

• If the other driver appears to be uninsured, then contact your own insurance company immediately because your uninsured motorist coverage is your primary recourse.
• If there are any injuries, then call 911 first because medical emergencies take precedence.
• If the other driver refuses to provide insurance information, then note this down and emphasize to the police that they are being uncooperative because this can be crucial evidence.
• If you have UM/UIM coverage, then understand its limits and deductible because this dictates how much your insurer will pay.
• If the police do not come to the scene, then still file a police report online or at the station later if possible because it provides an official record.
• If you have a dashcam, then check the footage immediately as it can provide irrefutable evidence of fault.
• If the other driver’s insurance is denied or they have no insurance, then your own collision coverage (if you have it) might be an option, but you’ll likely pay your deductible first.
• If you are unsure about the extent of your injuries, then seek medical attention because delayed treatment can weaken your claim.
• If the other driver admits fault at the scene, then document their admission carefully, but understand it may not be binding on their insurer (or lack thereof).
• If you need a rental car, then check your policy to see if you have rental reimbursement coverage because this can offset significant costs.
• If the damage is minor and you don’t have UM coverage, then consider if the repair cost is worth pursuing a claim against the uninsured driver personally, which can be difficult.

FAQ

What if the uninsured driver admits fault?

Even if the other driver admits fault, it’s still important to follow all the steps. Their admission can be helpful evidence, but it doesn’t guarantee compensation if they don’t have insurance to pay.

Can I sue an uninsured driver?

Yes, you can sue an uninsured driver. However, collecting on a judgment can be difficult if the driver has no assets or income to garnish. It’s often more practical to rely on your own insurance if you have the appropriate coverage.

What is uninsured motorist (UM) coverage?

Uninsured motorist coverage is part of your auto insurance policy that pays for your damages and medical expenses if you’re hit by a driver who has no insurance.

What is underinsured motorist (UIM) coverage?

Underinsured motorist coverage is similar to UM coverage, but it applies when the at-fault driver has insurance, but their policy limits are too low to cover all your damages.

How long does it take to resolve a claim with an uninsured driver?

Resolving a claim involving an uninsured driver can take longer than a standard claim, as it often involves your own insurance company navigating the complexities of your UM/UIM coverage or potential legal action.

Should I negotiate directly with the uninsured driver?

It’s generally not recommended to negotiate directly for damages. It’s best to let your insurance company handle the claim, especially if you have UM/UIM coverage, to ensure proper procedure and documentation.

What if the uninsured driver flees the scene?

If the driver flees, your priority is to get a police report and gather as much information as possible about the vehicle. Your uninsured motorist property damage coverage (if you have it) may help with repairs.

What if I don’t have uninsured motorist coverage?

If you don’t have UM coverage, you may have to rely on your own collision coverage (if you have it), meaning you’ll pay your deductible. You could also attempt to sue the uninsured driver directly, but recovery is uncertain.

What this page does NOT cover (and where to go next)

• Specific legal advice: This article provides general information. For advice tailored to your situation, consult with a personal injury attorney.
• Navigating complex medical billing: If you have extensive medical issues, seek guidance from a medical billing advocate or attorney.
• Negotiating with your own insurance company: While covered generally, specific negotiation strategies might require advice from a professional.
• Understanding state-specific laws: Insurance laws and regulations vary significantly by state. Check with your state’s Department of Insurance for details.
• Filing a small claims court case: If you decide to pursue the uninsured driver directly, you may need to research the procedures for small claims court in your jurisdiction.