Your first steps after the collision

If an uninsured driver hits you, your own insurance is usually your fastest path to payment — not the other driver's policy, because there isn't one. Call your insurance company and report the collision as soon as you can, ideally within 24 hours. Tell them you were hit by an uninsured driver. Most insurers will open a claim under your uninsured motorist coverage (UM) or uninsured/underinsured motorist coverage (UIM), which pays for your injuries and vehicle damage when the at-fault driver has no insurance.

At the scene, get the other driver's name, phone number, address, driver's license number, and vehicle information — even though they have no insurance policy. Take photos of the damage to both vehicles, the accident scene, and any visible injuries. Get contact information from any witnesses. If police respond, get the report number. This documentation matters because your insurer will investigate whether the other driver was actually at fault, and you may later pursue the uninsured driver directly in small claims court or through a civil lawsuit.

Do not accept cash from the other driver in exchange for not reporting the collision. This leaves you with no official record and no way to recover costs if your injuries worsen or repairs cost more than expected.

Key Takeaways

  • Your own uninsured motorist coverage pays for your injuries and vehicle damage when hit by an uninsured driver, regardless of who caused the collision.
  • You must report the collision to your insurance company within 24 hours and provide documentation that the other driver was uninsured.
  • Your deductible applies to an uninsured motorist claim just as it would to a collision claim, and your rates may increase after filing.
  • You can pursue the uninsured driver in small claims court or through a civil lawsuit to recover your deductible and any costs your insurance does not cover.
  • If the other driver was partially at fault, your state's fault rules determine how much your insurance pays — some states reduce your payout by your percentage of fault.

How uninsured motorist coverage works

Uninsured motorist coverage is designed to protect you when the other driver has no insurance at all. It covers medical bills, lost wages, and pain and suffering from your injuries. It also covers damage to your vehicle if you have collision coverage. The coverage limit is the maximum your insurer will pay — limits typically range from $25,000 to $100,000 per person, though you can choose higher limits when you buy your policy.

Your deductible applies to uninsured motorist claims. If your deductible is $500 and your vehicle damage is $3,000, your insurance pays $2,500 and you pay $500. Some insurers offer a $0 deductible for uninsured motorist claims, but this usually costs more in your premium. When you file a claim, your insurer becomes your advocate — they investigate the collision, determine fault, and negotiate with you on the payout. They do not have to negotiate with another insurance company because the other driver has none.

Not all states require uninsured motorist coverage, but most do. Check your current policy to see whether you have it and what your limits are. If you do not have it and you are hit by an uninsured driver, you have no insurance recovery — you would have to sue the other driver directly, which is slow and often unsuccessful because uninsured drivers typically have few assets to recover.

What happens to your rates after filing

Filing an uninsured motorist claim usually raises your insurance rates, even though you were not at fault. This is because insurers view any claim as a sign of higher risk, regardless of who caused the collision. The rate increase varies by insurer and state — some companies raise rates by 10 to 15 percent, while others raise them by 25 percent or more. The increase typically lasts three to five years on your record.

A few insurers offer accident forgiveness, which means your first at-fault collision does not raise your rates. Uninsured motorist claims are usually not considered at-fault collisions, so accident forgiveness may not explore. Read your policy or call your agent to ask whether your insurer treats uninsured motorist claims differently from at-fault collisions when calculating rate increases.

Before you file a claim, consider the math: if your vehicle damage is $2,000 and your deductible is $500, your insurance pays $1,500. If filing the claim raises your premium by $100 per year, you break even after 15 years. For smaller damage amounts, you may choose to pay out of pocket and avoid the rate increase. For larger damage or serious injuries, filing is usually the right choice.

Pursuing the uninsured driver directly

After your insurance pays your claim, you have the right to pursue the uninsured driver for the money your insurer paid out. This is called subrogation. Your insurance company may pursue this on your behalf, or they may allow you to sue the driver directly in small claims court (for damage under a certain amount, usually $5,000 to $10,000 depending on your state) or through a civil lawsuit.

Small claims court is faster and cheaper than a civil lawsuit — you file paperwork yourself, pay a small filing fee (usually $50 to $200), and appear before a judge. You do not need a lawyer. Bring your photos, repair estimates, medical bills, and proof that the other driver was uninsured. If you win, the judge orders the driver to pay you. If the driver does not pay voluntarily, you can pursue wage garnishment or bank account levies, though this is slow and often unsuccessful if the driver has little income or assets.

Many uninsured drivers cannot pay a judgment, which is why your insurance coverage matters more than pursuing them directly. If the driver has assets — a house, a car, a steady job — you have a better chance of collecting. If they do not, you may recover nothing even if you win in court.

Underinsured motorist coverage and partial fault

Some drivers carry insurance but with limits too low to cover your damages. Underinsured motorist coverage (UIM) bridges this gap. If the at-fault driver's liability limit is $25,000 and your damages are $50,000, their insurance pays $25,000 and your UIM coverage pays up to your UIM limit (minus what their insurance already paid). UIM is optional in most states but recommended if you have significant assets or high medical expenses.

If you were partially at fault for the collision, your state's fault rules determine your recovery. In no-fault states, you file a claim with your own insurance regardless of who caused the collision, and fault does not affect your payout. In at-fault states, the driver who caused the collision is responsible for damages. If you were 20 percent at fault and the other driver was 80 percent at fault, your recovery is reduced by your percentage of fault — you recover 80 percent of your damages. Some at-fault states use a "comparative negligence" rule that allows recovery even if you were partially at fault, while others use "contributory negligence" rules that bar recovery if you were any percentage at fault. Check your state's rules or ask your insurer how fault affects your claim.

When the uninsured driver flees the scene

If the uninsured driver leaves the scene without providing information, you have a hit-and-run collision. Report this to police when ready and get a police report number. File a claim with your insurance company and tell them it was a hit-and-run. Most insurers will pay under your uninsured motorist coverage even if you cannot identify the other driver, though some require you to file a police report first.

If you have collision coverage, you can also file a collision claim instead of an uninsured motorist claim. Collision coverage pays for damage to your vehicle regardless of fault, but it usually has a higher deductible than uninsured motorist coverage. Compare the two options with your insurer — they can tell you which claim type results in a lower out-of-pocket cost for you.

Protecting yourself before a collision happens

About 13 percent of drivers on the road are uninsured, meaning the risk is real. Review your insurance policy now and make sure you have uninsured motorist coverage with limits that match your vehicle's value and your financial situation. If your car is worth $20,000, a $25,000 UM limit makes sense. If you have significant medical expenses or disabilities, higher limits protect you better.

Consider raising your deductible to lower your premium, but keep uninsured motorist coverage in place. Dropping coverage to save money on your premium leaves you exposed to a collision you cannot control. If you cannot afford uninsured motorist coverage, you cannot afford to be hit by an uninsured driver.

Frequently Asked Questions

Will my rates go up if I file an uninsured motorist claim?

Most insurers raise rates after any claim, including uninsured motorist claims, even though you were not at fault. The increase typically ranges from 10 to 25 percent and lasts three to five years. Some insurers offer accident forgiveness that may prevent the increase — ask your agent whether your policy includes this.

What if the uninsured driver admits fault but has no money to pay?

File a claim with your own insurance under uninsured motorist coverage. Your insurer pays your damages up to your policy limit, regardless of the other driver's financial situation. You can still pursue the driver in small claims court afterward, but your insurance coverage is your primary recovery path.

Can I sue the uninsured driver for more than my insurance pays?

Yes, you can sue for the full amount of your damages, including your deductible and any costs your insurance does not cover. Small claims court is the fastest route for amounts under your state's limit (usually $5,000 to $10,000). For larger amounts, you would file a civil lawsuit, which requires a lawyer and takes longer.

Do I have to file a police report to claim uninsured motorist coverage?

Most insurers do not require a police report for uninsured motorist claims, but having one strengthens your claim. If the collision was a hit-and-run, a police report is usually required. Call your insurer and ask what documentation they need before you file.

What if I was partially at fault for the collision?

In no-fault states, your own insurance pays regardless of fault. In at-fault states, your recovery is reduced by your percentage of fault under comparative negligence rules. Some states bar recovery entirely if you were any percentage at fault. Ask your insurer how your state's fault rules explore to your claim.