What to Do If an Uninsured Driver Hits You: Step-by-Step Guide

If an uninsured driver hits you, make sure everyone is safe, call the police, collect the other driver's information and photos of the scene, get checked by a doctor, and report the crash to your own insurance company right away. Your own policy may pay for your car and injuries if you have uninsured motorist coverage, collision coverage, or medical payments or personal injury protection.

Being hit by someone with no insurance is stressful, but you are not out of options. Triple-I reports that about 15.4 percent of U.S. drivers, more than 1 in 7, were uninsured in 2023, so this happens more often than most people think.

This guide is general information, not legal advice. Insurance rules are different in every state. Check your policy, and talk to your insurer or a licensed attorney about your situation.

Step 1: Make sure everyone is safe

• Check yourself and your passengers for injuries.
• Call 911 if anyone is hurt or if the cars block traffic.
• If it is safe, move the cars out of traffic and turn on your hazard lights.

Step 2: Call the police

Even for a small crash, a police report is very helpful. It records:

• What happened
• Who was driving
• That the other driver had no insurance

Your insurance company will likely ask for the report number. Many states also require a report when someone is injured or damage is over a certain amount.

Step 3: Collect the other driver's information

Get as much as you can:

• Full name, phone number, and address
• Driver's license number
• License plate number
• Car make, model, and color
• The car owner's name, if different from the driver

If the driver refuses to share details or tries to leave, do not argue or follow them. Write down the plate number and a description, and tell the police.

Step 4: Take photos and find witnesses

• Take photos of both cars, the damage, the street, traffic signs, and the other driver's plate.
• Ask witnesses for their names and phone numbers.
• Write down the time, date, and exact location while it is fresh.

Step 5: Get medical care

See a doctor even if you feel fine. Some injuries, like whiplash, can show up a day or two later. Keep all medical records and bills.

Step 6: Call your insurance company

Report the crash as soon as you can, even if you think you will not use your insurance. Tell them the other driver was uninsured. Most policies require you to report accidents quickly.

Step 7: Find out which coverage can pay

According to Triple-I, 20 states and Washington, D.C. require uninsured or underinsured motorist coverage. In many other states, insurers must offer it, and you have to reject it in writing if you do not want it.

Check your policy's declarations page to see which of these coverages you have and your limits.

Step 8: Think about going after the other driver

Your insurer may try to collect from the at-fault driver later. You can also:

• Ask the driver to pay for damage directly, and put any agreement in writing.
• File in small claims court for smaller amounts. Limits vary by state.
• File a lawsuit for bigger losses.

The hard truth is that many uninsured drivers do not have the money to pay, even if you win in court. That is why having uninsured motorist coverage matters.

When to call a lawyer

Talk to a licensed personal injury attorney if:

• You or a passenger were seriously hurt
• Your medical bills are large or you missed a lot of work
• The insurance company denies or delays your claim
• The other driver disagrees about who was at fault
• It was a hit-and-run

Many injury lawyers offer a free first meeting. There are also time limits, called statutes of limitations, for filing a claim or lawsuit, and they vary by state, so do not wait too long.

What not to do

• Do not leave the scene before police arrive, unless you need medical help.
• Do not agree to "just handle it" with cash before you know the full damage.
• Do not admit fault or guess about what happened. Stick to the facts.
• Do not post about the crash on social media.
• Do not skip the doctor because you feel okay.

Protect yourself before it happens

• Add uninsured and underinsured motorist coverage to your policy if you do not have it. It often costs little compared to the protection it gives.
• Keep a crash kit in your glove box: a pen, paper, your insurance card, and a flashlight.
• Use a dash cam. Video can help prove what happened.
• Save your insurer's claim number and app on your phone.

Driving a lot this season? Plan your trips and fuel costs with our MPG and trip cost calculator, and remember that evening drives get darker after the clocks change in November.

The bottom line

If an uninsured driver hits you, stay safe, call the police, collect information and photos, see a doctor, and call your insurance company right away. Uninsured motorist coverage, collision, and MedPay or PIP from your own policy may pay for your car and injuries. You can also go after the driver in court, but many cannot pay. For serious injuries or a denied claim, talk to a licensed attorney in your state.