What to Do If the Other Driver Is Uninsured

Updated October 6, 2026

Finding out that the other driver has no insurance, or not enough, can be stressful. You may still have options. This guide explains the coverage that often comes into play and the steps that can protect them.

First, the same basic steps

The early steps are the same as after any crash. Make sure everyone is safe, call 911 if anyone is hurt, and call the police when appropriate. A police report can be especially helpful when the other driver is uninsured, because it records who was involved and what happened. Exchange information, take photos, collect witness details, and get medical attention if you have symptoms.

If the other driver tells you they have no insurance, write that down along with their name, contact details, driver's license number, and license plate. Do not try to work out a private payment arrangement at the scene before you understand your options.

What uninsured and underinsured motorist coverage means

Uninsured motorist coverage, often called UM, is part of your own auto policy. It is designed to help pay for your injuries when the at fault driver has no liability insurance. Underinsured motorist coverage, often called UIM, can help when the at fault driver has insurance but the limits are too low to cover your losses.

Whether you have this coverage depends on your policy and your state. Some states require insurers to include it unless you reject it in writing, while others leave it optional. Some policies also include uninsured motorist property damage coverage for your vehicle. The best way to know what you have is to look at your declarations page, which lists your coverages and limits, or to ask your insurance company.

Hit and run accidents

If the other driver left the scene and cannot be identified, many policies treat the crash like an accident with an uninsured driver. Policies often include conditions for this, such as reporting the accident to the police within a certain time or showing that another vehicle was actually involved. Report a hit and run promptly, and write down everything you remember about the other vehicle, including any part of the plate, the color, and the direction it went.

Other coverage that may help

Depending on your policy and your state, other types of coverage may also apply:

• Personal injury protection or medical payments coverage. These can help pay medical bills regardless of who caused the crash. In some states, personal injury protection is required and must be used first.
• Collision coverage. This can pay to repair your own car, usually after a deductible.
• Health insurance. Your health plan may cover treatment, and it may later seek repayment from other coverage.

Each of these has its own rules, limits, and deadlines, so it helps to review them together rather than one at a time.

Making a claim with your own insurer

An uninsured motorist claim is made with your own insurance company, but it can still feel different from other claims. Your insurer will look at who was at fault and the value of your injuries, much like the other driver's insurer would. Give accurate, consistent information, and keep copies of everything you send. Your policy may require you to give notice within a certain time and to cooperate with the investigation, so read the claim steps carefully.

If you are asked to give a recorded statement, sign a medical authorization, or accept an offer, make sure you understand what each one means before you agree.

Can you go after the driver directly?

In many cases you may be able to bring a claim against the uninsured driver personally. In practice, collecting money from someone without insurance can be difficult, because many uninsured drivers do not have significant assets. That is one reason uninsured motorist coverage exists. Some states also have penalties for driving without insurance, but those penalties usually do not pay for your losses.

What to gather

• The police report number and any information about the other driver
• Your auto insurance policy and declarations page
• Photos of the vehicles and the scene
• Medical records, bills, and receipts
• Repair estimates and towing or rental receipts
• Records of time missed from work
• All letters and emails from insurance companies

When an attorney may help

Uninsured and underinsured claims can involve several policies at once, and the order in which coverage applies can matter. A licensed attorney in your state can review your policies, explain which coverage may apply, and help you understand deadlines. Many people find it helpful to talk with an attorney before they accept a settlement or sign a release. A consultation does not obligate you to hire anyone.

Common mistakes to avoid

• Assuming there is nothing you can do. Many people do not realize their own policy may cover injuries caused by an uninsured driver. Check your declarations page before you decide.
• Waiting too long to report. Policies often require prompt notice, and hit and run claims may require a police report within a set time.
• Accepting cash at the scene. An informal payment may not cover your real costs, especially if injuries show up later.
• Signing a release too early. A release can end your ability to make other claims, including under your own coverage.
• Skipping medical care. Gaps in treatment can make it harder to show how an injury is connected to the crash.

Key points

• You may still have options even if the other driver has no insurance.
• Uninsured and underinsured motorist coverage is part of your own policy.
• Hit and run accidents are often handled like uninsured driver claims, with conditions.
• Other coverage, such as medical payments or collision coverage, may also help.
• Report promptly and keep careful records.

This guide is general information, not legal advice. Laws differ by state and change over time. Attorney advertising. Accident Help Network is not a law firm.