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Uninsured driver hits are more common than most people realize. According to the Insurance Information Institute, about 15.4% of U.S. motorists had no insurance in 2023.
That means roughly 1 in 7 drivers on the road carries zero coverage. When an uninsured driver hits your car, you could face thousands in medical bills and repair costs with no guarantee of reimbursement. The national average bodily injury claim exceeds $27,000. In states like Mississippi, where 28.2% of drivers are uninsured, the risk is even higher. Understanding your options before a crash happens can save you significant money and stress. This guide explains exactly what to do when an uninsured driver hits you, how insurance claims work, and what legal steps you can take to recover your losses.
What Happens When an Uninsured Driver Hits Your Car
When an uninsured driver hits you, the at-fault driver has no liability policy to cover your damages. Normally, the other driver’s insurer would pay for your medical bills, lost wages, and vehicle repairs. Without that coverage, you must find another way to pay. In most cases, your own insurance becomes the primary source of compensation.
Uninsured motorist (UM) coverage is designed for exactly this situation. It steps in when the at-fault driver cannot pay. UM bodily injury covers medical expenses, lost wages, pain and suffering, and rehabilitation. UM property damage covers vehicle repairs or replacement. Currently, 22 states plus Washington, D.C. require drivers to carry UM coverage. In states where it is optional, insurers must typically offer it. You would need to sign a written waiver to decline.
However, UM coverage only pays up to your policy limits. The average uninsured motorist bodily injury claim is approximately $15,860. If your UM limits are lower than your total damages, you may still face out-of-pocket costs. For example, a driver with $25,000 in UM coverage and $40,000 in medical bills would need to cover the $15,000 gap through other means.
When an Uninsured Driver Hits You: Filing a Claim Step by Step
The claims process after an uninsured driver hits you starts at the accident scene. Call 911 immediately and request a police report. The report should document that the other driver had no insurance. Take photos of all vehicle damage, injuries, and the surrounding area. Collect witness names and contact information. Write down the other driver’s name and license plate number.
Notify your insurance company as soon as possible. Most policies require reporting within 30 days. Some have even shorter deadlines. Missing this window can jeopardize your entire claim. Your insurer will open a UM claim and assign an adjuster. You must prove two things: the other driver was at fault and they were uninsured.
The adjuster will review the police report, medical records, repair estimates, and witness statements. Keep detailed records of all expenses. This includes medical bills, pharmacy receipts, lost wage documentation, and transportation costs. As a result, most UM claims resolve within a few weeks to a few months. If you disagree with your insurer’s settlement offer, most UM policies provide for binding arbitration rather than a lawsuit.
Your Legal Options After an Uninsured Driver Hits You
You have the legal right to sue an uninsured driver directly. In tort states, you can pursue a civil lawsuit for all damages including pain and suffering. However, most uninsured drivers lack the assets to satisfy a court judgment. A driver with no property, low income, and no savings is considered “judgment-proof.” Typically, attorneys only recommend suing when the driver owns real estate or has verifiable income.
If you win a judgment, collection tools include wage garnishment, bank levies, and property liens. In most cases, these produce limited results against uninsured drivers. Your own UM coverage remains the most practical path to compensation. Your insurer may then pursue the at-fault driver through subrogation to recover what they paid you.
In no-fault states like Florida, New York, and Michigan, personal injury protection (PIP) pays your medical bills first regardless of fault. Florida requires a minimum of $10,000 in PIP coverage. New York requires $50,000. You generally cannot sue for pain and suffering unless injuries meet a serious injury threshold defined by state law. UM coverage still applies for damages above your PIP limits.
How to Protect Yourself Before an Uninsured Driver Hits You
The best defense is carrying adequate UM and UIM coverage on your own policy. Match your UM limits to your liability limits for maximum protection. For example, if you carry $100,000 in bodily injury liability, carry $100,000 in UM coverage as well. The cost is relatively modest compared to the protection it provides.
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Consider adding collision coverage if you do not already have it. Collision pays for your vehicle repairs regardless of the other driver’s insurance status. MedPay is another useful add-on. It covers medical expenses for you and your passengers without requiring a fault determination. Typically, MedPay has no deductible and pays quickly.
Review your policy annually. The Insurance Research Council found that 1 in 3 drivers were either uninsured or underinsured in 2023. That number has risen sharply from 23% in 2017 to 33.4% in 2023. As a result, your chances of being hit by someone without adequate coverage continue to increase.
Frequently Asked Questions
Does my insurance go up if an uninsured driver hits me?
In most cases, your rates should not increase after filing a UM claim. You were not at fault for the accident. However, some insurers may factor any claim into your premium calculation. Check your state’s regulations, as many states prohibit rate increases for not-at-fault UM claims.
What if I don’t have uninsured motorist coverage when an uninsured driver hits me?
Without UM coverage, your options are limited. You can use your collision coverage for vehicle repairs, but you will owe a deductible. For medical bills, MedPay or your health insurance would need to cover costs. You could also sue the driver directly, but collecting from an uninsured driver is typically very difficult.
Can I recover pain and suffering when an uninsured driver hits me?
Yes, if you carry UM bodily injury coverage. UM policies cover pain and suffering up to your policy limits. In no-fault states, however, your injuries must meet a serious injury threshold before you can claim pain and suffering. For example, permanent disfigurement or significant limitation of a body function typically qualifies.
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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 May 2026. If you notice any outdated information, please contact us.