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Other driver uninsured? It happens more often than most people think. In 2023, about 15.4% of U.S. drivers had no auto insurance, according to the Insurance Research Council (IRC). That works out to roughly one in seven drivers. In Mississippi, the rate reached 28.
2%. In Maine, it was only 5.7%. Finding the other driver uninsured after a crash can feel overwhelming. However, you still have options. Your own policy, a lawsuit, and state programs can all help. This guide explains what to do when the other driver uninsured problem lands in your lap. It covers the right steps, the coverage that pays, and how to protect yourself next time.
Why the Other Driver Uninsured Problem Is Growing
Uninsured driving is rising. The IRC found the national rate was 12.4% in 2017. It dipped to 11.6% in 2019. Then it climbed to 14.3% in 2020 and has gone up every year since. As a result, the 2023 figure is the highest in the IRC’s series.
Underinsured drivers add to the risk. These drivers carry liability coverage, but their limits are too low to pay for the damage they cause. The IRC puts the underinsured rate at about 18%. Combined, 33.4% of drivers were uninsured or underinsured in 2023. That is a 10-point jump since 2017. In other words, roughly one in three drivers may not fully cover your losses.
Rising premiums are part of the cause. When coverage costs more, some drivers drop it. Typically, those drivers also have few assets. That is why the other driver uninsured scenario rarely ends with a simple check from the at-fault party.
Coverage That Pays When the Other Driver Is Uninsured
Your own policy is usually your best source of money. Several coverages may apply. Each one pays for different losses. The table below shows how they compare.
| Coverage | What It Pays For | Typical Notes |
|---|---|---|
| Uninsured motorist bodily injury (UMBI) | Medical bills, lost wages, pain and suffering | Required in about 20 states plus D.C. |
| Uninsured motorist property damage (UMPD) | Repairs to your car | Not offered in every state; may carry a small deductible |
| Collision | Repairs to your car, regardless of fault | Deductible applies, often $500 or $1,000 |
| Personal injury protection (PIP) | Medical bills and lost wages | Required in no-fault states, such as Florida ($10,000) |
| Medical payments (MedPay) | Medical bills for you and passengers | Limits often range from $1,000 to $10,000 |
Uninsured motorist bodily injury is the core protection. It steps in as if the at-fault driver had insurance. For example, say you have $50,000 in UMBI coverage. An uninsured driver runs a red light and you suffer $30,000 in injuries. Your UMBI can pay that $30,000, up to your limit. According to the Insurance Information Institute (III), twenty states and the District of Columbia require some form of UM or UIM coverage.
Car repairs work a little differently. If you have UMPD, it pays to fix your car. In some states, the deductible is lower than a collision deductible. However, many states do not offer UMPD at all. In that case, collision coverage is your fallback. You will pay your collision deductible first. Your insurer may later try to recover that money from the at-fault driver. As a result, you might get your deductible back down the road.
If you carry only liability insurance, the outlook is harder. Liability pays for damage you cause to others. It does not pay for your own car or injuries. With the other driver uninsured and no UM or collision coverage, you may have to pay out of pocket or sue.
Step-by-Step: What to Do With the Other Driver Uninsured
The first hour after a crash matters most. Take these steps in order. Each one protects your claim.
1. Call the police. Do this even for a minor crash. A police report documents fault and confirms the other driver uninsured status. Many insurers require a report for UM claims. In most cases, states also require reporting crashes with injuries or damage above a set dollar threshold.
2. Gather information. Get the driver’s name, address, phone number, and license number. Write down the license plate and vehicle details. If the car belongs to someone else, get the owner’s name too. The owner’s policy may provide coverage even if the driver has none.
3. Document the scene. Take photos of both cars, the road, traffic signals, and any injuries. Get contact details from witnesses. For example, a witness who saw the other car run a stop sign can make fault clear.
4. Get medical care. See a doctor the same day or the next day. Some injuries, such as whiplash, show up later. Prompt treatment also creates records that support a UMBI claim.
5. Notify your insurer quickly. Most policies require “prompt” notice. Some set specific deadlines, especially for hit-and-run claims. Tell your agent the other driver uninsured status right away. Ask which coverages apply and what your deductibles are.
6. Do not settle privately. The other driver may offer cash to avoid a report. Typically, this is a mistake. Damage often costs more than it looks. In addition, a private deal can hurt your insurance claim.
Legal Options and Penalties for Uninsured Drivers
You can sue an uninsured driver directly. Small claims court works for smaller losses. Limits vary by state, typically from about $2,500 to $25,000. Larger claims belong in regular civil court. However, winning a judgment does not guarantee payment. Many uninsured drivers have few assets or little income to collect.
Watch your deadline. The statute of limitations for injury claims is typically two to three years. Property damage deadlines can differ. Your UM policy may also have its own time limits. As a result, it makes sense to act fast.
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States punish uninsured driving in several ways. Penalties often include fines, license suspension, and vehicle registration suspension. Some states impound the car. Many also require the driver to file an SR-22 form for about three years. In some states, a driver with an unpaid crash judgment can lose their license until it is paid. That pressure sometimes leads to a payment plan.
Some states also limit what uninsured drivers can collect. For example, California’s Proposition 213 bars uninsured drivers from recovering pain and suffering damages in most cases. Several other states have similar “no pay, no play” rules. These laws don’t hurt you as the insured driver. Instead, they penalize people who skip coverage.
How to Protect Yourself Before It Happens
The best time to prepare is before a crash. Review your policy today. Check whether you carry UMBI and UMPD. If you rejected them to save money, consider adding them back. In most cases, UM coverage costs far less than collision or liability.
Match your UM limits to your liability limits. For example, if you carry $100,000 per person in liability, carry $100,000 in UMBI too. Many states let you buy UM limits equal to your liability limits. With one in three drivers uninsured or underinsured, state minimums may leave you short.
Keep collision coverage on any car you can’t afford to replace. Also consider MedPay or PIP if your health plan has high deductibles. Finally, keep a crash kit in your glove box. Include a pen, notepad, and a copy of your insurance card. That way, you can act fast if you ever find the other driver uninsured.
Frequently Asked Questions
Will my rates go up if the other driver was uninsured and at fault?
In most cases, no. Many states bar insurers from raising rates for not-at-fault crashes. However, rules vary by state and insurer. Ask your agent how a UM claim affects your premium.
What if I only have liability coverage and the other driver uninsured caused the crash?
Your liability policy will not pay for your own car or injuries. As a result, you may need to sue the driver directly. Typically, small claims court is the fastest route for smaller losses.
Does uninsured motorist coverage apply to hit-and-run crashes?
Typically, yes. UMBI usually covers injuries from a hit-and-run. However, some states and policies limit UMPD for hit-and-run property damage. Report the crash to police quickly, since many insurers require it.
Can I get my deductible back with the other driver uninsured?
Sometimes. Your insurer may pursue the at-fault driver through a process called subrogation. If it recovers money, you may get some or all of your deductible back. For example, a $500 deductible could be refunded months later.
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Official Sources & Resources
For verified information on auto insurance regulations and consumer protection:
- NAIC (National Association of Insurance Commissioners): naic.org
- Insurance Information Institute: iii.org
- Federal Trade Commission — Auto Insurance: consumer.ftc.gov
- USA.gov — Car Insurance: usa.gov/car-insurance
Content last reviewed October 2026. If you notice any outdated information, please contact us.