What to Do After an Accident With an Uninsured Driver
An accident with an uninsured driver can create confusion, but your first steps are simple: check for injuries, move to safety if possible, call the police when required or appropriate, document the scene, collect information, and notify your insurance company promptly.
NAIC reports that 15.4% of U.S. motorists were uninsured in 2023, or about one in seven drivers [1]. That means a driver can follow the law, carry insurance, and still face a crash caused by someone with no valid coverage.
Before and after a claim, it helps to understand uninsured vs. underinsured motorist coverage, review uninsured motorist coverage costs, and compare auto insurance quotes with better coverage options.
Immediate Steps to Take at the Scene
Your first priority is safety. Check yourself, your passengers, and others for injuries. Call 911 if anyone may be hurt, if there is major damage, if the other driver leaves, if the driver refuses to share information, or if local law requires police involvement. Move vehicles only if it is safe and legal to do so.
Allstate’s accident guide recommends checking for injuries, calling police when needed, exchanging information, documenting the scene, avoiding fault discussions, filing a police report, notifying your insurer, and following state reporting requirements [2].
Check safety first
Move away from traffic if possible, use hazard lights, and call emergency services if anyone needs help.
Call police when needed
A police report can be especially helpful when the other driver has no insurance or leaves the scene.
Do not negotiate cash
A roadside cash offer may not cover hidden injuries, repair supplements, towing, rental, or future medical costs.
Document the Crash Thoroughly
Documentation is especially important when the other driver is uninsured. Since there may be no at-fault insurer to investigate and pay the claim, your own insurer may rely heavily on your photos, police report, repair estimates, medical records, and witness information.
Take photos from several angles, including the full scene, vehicle positions, traffic signals, skid marks, debris, road conditions, weather, visible damage, license plates, and any documents the other driver provides. Write down what happened while the details are fresh.
Good documentation helps with:
- Fault review.
- UM/UIM claim support.
- Repair estimate disputes.
- Medical claim timing.
- Hit-and-run or no-insurance reports.
Save every expense
Keep towing bills, storage fees, rental receipts, repair estimates, medical bills, pharmacy receipts, and missed-work documentation.
What to Do if the Other Driver Has No Insurance
If the other driver confirms they are uninsured, do not assume they can pay out of pocket. Continue the normal reporting process. Notify your insurer, ask whether uninsured motorist coverage applies, and follow claim instructions carefully.
Report the accident
Contact police or follow local crash reporting rules, especially if there are injuries, major damage, or a dispute.
Call your insurer
Ask whether your policy includes UMBI, UIMBI, UMPD, collision, MedPay, or PIP that may apply.
Open the claim
Provide photos, police information, witness details, repair estimates, and medical records as requested.
Track everything
Keep claim numbers, adjuster names, emails, letters, payment records, bills, and deadlines in one place.
Which Coverages May Help Pay After the Accident?
Your recovery options depend on your policy and state rules. Uninsured motorist bodily injury may help with injury-related losses, while uninsured motorist property damage may help with car damage in some states. Collision coverage may also help repair your car even if the other driver is uninsured, usually subject to a deductible.
NAIC explains that uninsured motorist coverage reimburses you if an uninsured or hit-and-run driver hits you, while underinsured motorist coverage pays when the at-fault driver’s insurance is not enough to pay your total loss [3].
| Coverage | What it may help with | Important limitation |
|---|---|---|
| UMBI | Medical bills, lost wages, and injury-related damages after a covered uninsured-driver accident. | Does not usually repair your car unless property damage coverage is included separately. |
| UMPD | Vehicle damage caused by an uninsured driver, where available. | May have a deductible and is not available or required in every state. |
| Collision | Repairs to your own vehicle after a crash, regardless of whether the other driver has insurance. | Usually subject to your deductible and may affect your claim history. |
| MedPay or PIP | Medical expenses and sometimes related costs, depending on your state and policy. | Coordination with UM/UIM and health insurance varies. |
| Health insurance | Some medical treatment costs after an injury. | May not cover lost wages, vehicle damage, passengers, or pain and suffering. |
For deeper coverage help, read about uninsured motorist claim basics and adding uninsured motorist coverage to an existing policy.
Financial Costs You May Face Without UM Coverage
Without uninsured motorist coverage, you may need to rely on collision coverage, health insurance, personal savings, payment plans, or legal recovery from the at-fault driver. But collecting directly from an uninsured driver can be difficult if they do not have enough assets or income.
Forbes Advisor lists average annual costs of $136 for uninsured motorist bodily injury, $90 for underinsured motorist bodily injury, and $36 for uninsured motorist property damage [4]. Your actual price can differ, but those averages show why many drivers compare the small premium increase against the potentially large cost of an uninsured-driver crash.
Possible out-of-pocket costs
- Emergency room and follow-up care.
- Physical therapy or prescriptions.
- Lost wages or missed work.
- Vehicle repairs or replacement.
- Towing, storage, and rental car costs.
- Deductibles and legal expenses.
What UM/UIM may reduce
UM/UIM coverage may reduce the financial pressure by giving you a policy-based claim path through your own insurer, subject to limits, deductibles, exclusions, and state rules.
Medical Steps After an Uninsured Driver Accident
Seek medical attention if you are hurt or unsure whether you are hurt. Some symptoms may appear later. Keep copies of medical records, bills, prescriptions, referrals, follow-up instructions, and work restriction notes.
Tell your auto insurer about injury-related costs and ask which coverage applies first. Depending on your state and policy, medical payments coverage, PIP, health insurance, or uninsured motorist bodily injury coverage may be involved.
Get checked
Medical documentation can support both treatment and any injury-related claim.
Follow treatment
Keep appointments and follow instructions so your recovery record is clear.
Track wage loss
Save employer notes, missed-shift records, and income documentation if injuries affect work.
Should You Take Legal Action?
Legal options depend on fault, injuries, damage amount, your state, and whether the uninsured driver has assets. A lawsuit may be possible, but winning a judgment does not always mean you will collect money from someone who has no insurance and limited resources.
If there are injuries, disputed fault, a hit-and-run, a denied UM claim, or a serious financial loss, consider speaking with a qualified attorney in your state. This article is informational only and does not replace legal advice.
| Situation | Why it matters | Possible next step |
|---|---|---|
| Minor damage only | Your deductible and repair cost may guide whether a claim is worth filing. | Ask your insurer how collision or UMPD would apply. |
| Injuries involved | Medical bills, wage loss, and long-term recovery can complicate the claim. | Document treatment and consider legal guidance. |
| Hit-and-run | Some UM policies may apply, but reporting and proof rules can be strict. | File a police report and notify your insurer quickly. |
| No UM coverage | You may have fewer policy-based options for injury or repair costs. | Review collision, MedPay, PIP, health insurance, and possible legal recovery. |
Reassess Your Insurance After the Claim
After the accident is reported and the immediate claim steps are underway, review your policy. If you did not have uninsured motorist coverage, ask how much it would cost to add it. If you already had it, check whether your limits were enough for the situation.
NAIC notes that auto insurance rules and required coverages vary by state, and that 49 states plus the District of Columbia require auto liability insurance before legally driving a motor vehicle, with New Hampshire using alternative financial responsibility rules [5].
Review limits
Compare your UM/UIM limits with your liability limits, income, passengers, and savings cushion.
Check UMPD
Ask whether uninsured motorist property damage is available in your state and how it works with collision.
Compare quotes
Some insurers may offer better pricing for UM/UIM, collision, deductible options, or claim support.
For more help, compare uninsured motorist coverage plans and read about the financial impact of driving uninsured.
Common Mistakes to Avoid
Small mistakes after a crash can make the claim harder. Focus on safety, proof, deadlines, and written records.
Avoid these mistakes
- Leaving before exchanging information, unless safety requires it.
- Failing to call police when injuries, major damage, or disputes are involved.
- Accepting a cash promise from the uninsured driver.
- Not taking photos or collecting witness details.
- Waiting too long to notify your insurer.
- Ignoring medical symptoms or skipping follow-up care.
Better approach
- Prioritize safety and medical care.
- Document everything while details are fresh.
- Get a police report number when available.
- Ask your insurer which coverages apply.
- Keep bills, receipts, letters, and claim notes.
- Review UM/UIM coverage before your next renewal.
FAQ: Accident With an Uninsured Driver
What should I do first after an accident with an uninsured driver?
Check for injuries, move to a safe location if possible, call emergency services when needed, exchange information, take photos, collect witness details, and notify your insurer.
Can I file a claim with my own insurance?
Yes, if your policy includes coverage that applies, such as uninsured motorist bodily injury, uninsured motorist property damage, collision, MedPay, or PIP. Your insurer can explain which coverage applies.
Does uninsured motorist coverage pay for car damage?
Only if your policy includes uninsured motorist property damage and it is available under your state rules. Otherwise, collision coverage may help repair your car, subject to your deductible.
Should I call the police if the other driver has no insurance?
In many situations, yes. A police report can help document the crash, especially when there are injuries, major damage, a dispute, a hit-and-run, or an uninsured driver.
What if I do not have uninsured motorist coverage?
You may still have options through collision, MedPay, PIP, health insurance, or legal recovery from the driver. However, your options may be more limited, so review your policy with your insurer.
Can I sue an uninsured driver?
You may be able to sue, depending on state law and the facts. However, collecting money from an uninsured driver can be difficult if they have limited assets. Consider legal advice for serious injuries or large losses.
Bottom Line
An accident with an uninsured driver can be stressful, but careful steps can protect your claim. Prioritize safety, report the accident when needed, document the scene, get medical care, notify your insurer, and keep every record connected to the crash.
After the immediate claim is handled, review your policy. Uninsured motorist coverage, underinsured motorist coverage, collision, MedPay, and PIP can all affect how well you are protected in the future. Comparing coverage before the next accident is far easier than discovering a gap afterward.
References
- National Association of Insurance Commissioners, Insurance Topics: Uninsured Motorists, including 2023 uninsured motorist estimates and state variation. Source↩
- Allstate, What to Do After a Car Accident: A Step-by-Step Guide, including safety, documentation, police report, and insurer notification steps. Source↩
- National Association of Insurance Commissioners, What You Should Know About Auto Insurance Coverage, including uninsured and underinsured motorist coverage definitions. Source↩
- Forbes Advisor, What Is Uninsured Motorist Coverage?, including average annual cost estimates for UMBI, UIMBI, and UMPD. Source↩
- National Association of Insurance Commissioners, Insurance Topics: Uninsured Motorists, including compulsory liability insurance context and state variation. Source↩