What to Do After an Accident with an Uninsured Driver
Steve Thompson

Getting into a car accident is stressful on its own, but the situation becomes even more overwhelming when the other driver doesn’t have insurance. Even though most states require drivers to carry at least a minimum level of liability coverage, many people still operate their vehicles without it. When that happens, recovering money for your medical bills, lost wages, and property damage can feel complicated—but there are still several paths you can take to protect yourself.

Take Immediate Steps to Stay Safe and Document the Scene

If you’re hit by an uninsured driver, what you do in the moments after the crash can have a major impact on your ability to recover compensation later. First, check yourself and anyone else involved for injuries. Whether injuries are obvious or not, contact local law enforcement so an official accident report can be created.

Once help is on the way, start gathering information. Get the other driver’s contact details, write down the vehicle description, and photograph the damage to both cars as well as the overall accident scene. Small details can make a big difference in proving what happened. As soon as you’re able, contact your insurance company to report the accident. Most states use an “at-fault” system, meaning the insurer of the driver responsible for the crash must pay for the damages. That makes documentation and prompt reporting essential.

Know Which Coverages Can Help Pay for Your Losses

If the uninsured driver is found to be at fault, your own auto insurance policy may be your primary source of coverage. Many drivers carry uninsured motorist (UM) or underinsured motorist (UIM) coverage. These protections are specifically designed for situations like this, offering payment for your medical care, lost income, and in some cases, repair costs when the other driver doesn’t have enough (or any) insurance.

If you added optional coverages like collision insurance or personal injury protection (PIP), you may have additional ways to recover your costs. Collision insurance can help pay for repairs to your vehicle, while PIP may help with medical expenses and lost wages regardless of who caused the accident. Without these coverages, your ability to receive compensation through your insurance may be reduced, reinforcing the importance of reviewing your policy before an accident ever occurs.

Consider Whether Legal Action Is Worth Pursuing

In some situations, you might decide to file a lawsuit against the uninsured driver. Suing the driver can potentially help you recover the value of your medical expenses, property damage, and pain and suffering. However, this option is not always practical. Many uninsured drivers lack the financial resources to pay damages even if you win in court.

Before pursuing legal action, it’s wise to speak with an experienced car accident attorney. They can help you evaluate the uninsured driver’s ability to pay, explain your options, and guide you through the process of building a strong claim. An attorney can also help you understand what documentation you’ll need, such as medical records, repair estimates, and evidence from the accident scene.

Follow the Same Steps for Hit-and-Run Accidents

If the accident was a hit-and-run, the process is similar. When the other driver cannot be identified or located, your uninsured motorist coverage typically acts as your safety net. File a police report as soon as possible and notify your insurer right away. The sooner you begin the claims process, the easier it is to preserve evidence and ensure your claim is handled promptly.

Protect Yourself by Seeking Professional Guidance

Dealing with an uninsured driver can feel discouraging, especially when you’re already shaken from the accident. But you don’t have to manage the process alone. An attorney can help you navigate communication with your insurance company, negotiate on your behalf, and make sure your rights are protected every step of the way.

Understanding what your policy covers—and acting quickly after the accident—can make a meaningful difference in your ability to recover financially. By taking the right steps and exploring all available options, you can reduce the stress of the situation and position yourself to receive the compensation you deserve, even when the other driver has no insurance.