What happens in a car accident if the other driver has no insurance?
Updated April 20, 2026 · 13 min read
Roughly 13% of US drivers are uninsured — higher in some states (Mississippi is over 28%). Getting hit by one of them is not the end of your case. If you have uninsured motorist (UM) coverage on your own policy, you can make a claim against your own insurer. Every state allows UM coverage; most either require it or require insurers to offer it.
UM coverage is almost always worth having. It is usually cheap ($5–$30/month for meaningful limits) and covers medical bills, lost wages, and pain and suffering exactly as a regular liability claim would.
Check your own policy first — you likely have UM
Pull your insurance declarations page. Look for "UM" or "UIM" (uninsured motorist or underinsured motorist) coverage. This is separate from collision and liability.
- UM covers you if the at-fault driver has no insurance or flees the scene (hit-and-run). - UIM covers you if the at-fault driver has insurance but not enough to fully compensate you.
Most policies have UM limits matching your bodily injury liability limits. So if you have $100,000/$300,000 in liability, you probably have the same UM coverage.
What to do immediately
1. Call the police and get a report. Required to document the other driver's lack of insurance. 2. Get the other driver's identification even if they have no insurance. You may have claims against them personally. 3. Photograph everything. Vehicles, license plates, scene, injuries. 4. Seek medical care even if you feel fine. 5. Notify your own insurance within 24–48 hours. Report it as a UM claim. 6. Do not give a recorded statement to anyone without legal advice.
How the claim works
A UM claim with your own insurer works a lot like a claim against a third-party insurer — with one key difference: your own insurer is now effectively your adversary. They have to negotiate in good faith, but they will fight hard on value.
You still need to prove liability (the other driver caused the accident) and damages (your injuries and losses). Your insurer will ask for medical records, employment records, and a sworn statement (examination under oath). They may hire their own medical examiners.
Most UM claims settle. Some go to arbitration (many policies require it) rather than court.
Can you sue the uninsured driver personally?
Legally yes, practically often no. Uninsured drivers usually have no assets worth pursuing. If they do have assets (own their home, have wages that can be garnished), a judgment can make sense, but it requires evaluating collectibility before spending legal fees.
In hit-and-run cases, you may never identify the other driver; UM coverage is your only recourse.
Underinsured motorist (UIM) — when they have insurance but not enough
If the at-fault driver has $25,000 in coverage but your damages are $80,000, UIM kicks in. You first collect the $25,000 from their insurer, then make a UIM claim against your own insurer for the remaining $55,000 (up to your UIM limit).
Important: many UIM policies are "gap" coverage (covers the difference) while others are "excess" (stacks on top). Read your policy or ask.
Almost always hire a lawyer for a UM/UIM claim. Your own insurer becomes your adversary, and unrepresented claimants settle for far less than represented ones. Consultations are free and fees are contingency-based.
Get a Free Case ReviewFrequently Asked Questions
Will my rates go up if I make a UM claim?+
Generally no, if you weren't at fault. State laws and specific insurers vary. Being hit by an uninsured driver is not considered your fault for rating purposes in most states.
What if my UM coverage isn't enough to cover all my damages?+
Your damages in excess of UM coverage are a personal judgment against the at-fault driver, which you may or may not be able to collect. Your health insurance may pay medical bills above UM limits.
Does UM cover my passengers?+
Yes, UM typically covers anyone in your vehicle.
Do I need UM if I have good health insurance?+
Yes — UM covers pain and suffering, lost wages, and future medical care that health insurance doesn't. Health insurance only covers medical bills and subrogates to recover what it paid.
What if I'm hit as a pedestrian or cyclist?+
Your UM coverage on your own auto policy still applies. If you don't own a car, sometimes a household member's policy covers you.
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