Hit by an Uninsured Driver: Coverage Options to Check

Being hit by a driver who has no insurance can leave you with medical bills, a damaged car, and no clear next step. Your own auto policy may already include protection for this situation, so that is usually the first place to look. This guide explains which coverages to check, what to document, and when a lawyer may be worth talking to. It does not decide your case. It helps you ask the right questions.

Why an uninsured driver changes the picture

Many US states require drivers to carry some form of auto liability insurance, which pays people who are injured when the driver causes a crash. The rules differ from state to state, including the required amounts and what proof of insurance a driver must keep in the car. When the other driver has no coverage, a claim against that driver can be hard to collect, even when fault is clear. That is why many people look first at their own policy.

Not every driver who seems uninsured really is. A policy may have lapsed, been canceled, or may not cover the vehicle or the person behind the wheel. Sometimes the driver was using a car owned by someone else. Insurers sometimes dispute coverage, so ask for the decision in writing rather than relying on a phone answer.

Check your own policy first

Start with the declarations page of your auto policy. It lists your coverages and limits in one place. Two coverages often come up after a crash with an uninsured driver:

• Uninsured motorist (UM) coverage, which can help pay for injuries when the at-fault driver has no insurance.
• Underinsured motorist (UIM) coverage, which can apply when the other driver's insurance does not cover your losses.

Some states also use personal injury protection (PIP) or medical payments coverage, which can help with medical bills regardless of who caused the crash. Whether these apply, and how they fit together, depends on your state and your policy wording. Read the exact coverage names on your paperwork, and ask your insurer to confirm in writing which ones you have.

If your policy does not show UM coverage, do not assume you have no other options. Ask your insurer directly. If you were a passenger or a pedestrian, coverage may come through a different policy, such as one in your household.

Other sources to consider

Health insurance often covers emergency care and follow-up treatment. Ask your provider how it works with auto coverage, because some health plans ask to be repaid from a settlement. If you were hurt while working, workers' compensation may apply. Disability insurance can also matter if an injury keeps you from working for a long time.

If the driver can be identified, you may still have a claim against that person personally. Collecting from an individual can be slow, and a judgment does not ensure payment. A lawyer can explain whether that route is realistic for your situation.

What to document right away

Good records make every option easier to pursue:

1. Call the police and get a report number, even if the other driver seems cooperative.
2. Write down the other driver's name, plate number, and vehicle description. If they give you insurance information, copy it. If they cannot provide any, note that.
3. Take photos of the scene, the vehicle damage, your injuries, and road or weather conditions.
4. Get medical care and keep every bill, record, and prescription receipt.
5. Keep a simple daily log of pain, missed work, and activities you cannot do.
6. Notify your own insurer promptly, using the claim process your policy describes.

Be careful with recorded statements and release forms. Keep your comments brief and factual, and do not sign anything until you understand what it covers.

Where traffic and civil matters go

The USAGov courts page explains that county and municipal courts may handle traffic infractions and other violations of local law, while state courts handle other matters, including family and probate cases. A police citation and an injury claim can therefore move through different places. Knowing which court is involved tells you who to contact about each one.

How to choose a lawyer for this kind of claim

Look for a lawyer who regularly handles auto injury claims, including claims under your own insurance coverage. Ask whether they have handled uninsured and underinsured motorist claims in your state. Ask how they are paid, and get the fee terms in writing. Many personal injury lawyers work on a contingency fee, but terms vary, so read the agreement before you sign. Check the lawyer's license with the state bar before your first meeting. For an overview of how these cases are usually handled, see car accident claims.

Frequently asked questions

Can I still make a claim if the other driver was uninsured?

Often yes, through your own uninsured motorist coverage if your policy includes it. Whether it applies depends on your policy and your state, so ask your insurer for the answer in writing.

Do I have to use my own insurer?

Your own policy is usually the first place to look, because it is the coverage you bought for this kind of situation. Other sources may also apply, and a lawyer can help you sort out the order of steps.

What if I was a passenger?

Passengers are sometimes covered under the policy of the vehicle they were riding in, and in some cases under a household policy. Check each policy that might apply before you assume you have no coverage.

Should I talk to the other driver's insurer?

If the other driver has an insurer, keep any early conversation short and factual. Do not agree to a settlement or sign a release until you know what it covers and whether your medical treatment is finished.

Related: car accident claims, personal injury overview, and guides on legal topics.

General information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.