Hit by a driver with no insurance: what you can do
Last checked November 8, 2026
If you were hit by an uninsured driver, you can often claim on your own policy through uninsured motorist coverage, if you have it.1 Call the police, get the driver's details and tell your insurer quickly. Without that coverage, you may need other coverage or a claim against the driver. The rules vary by state.
What to do right after you are hit by an uninsured driver
Do not settle it on the side of the road. The driver may offer cash or beg you not to call anyone. You do not know yet how badly you are hurt or what repairs will cost.
- Get medical help if anyone is hurt.
- Call the police, even if it seems minor. Washington's insurance commissioner says not to leave the scene without calling them.2
- Photograph the other driver's license, plate and any insurance card, even an old one. Some cards turn out to still be good.
- Get the names and numbers of witnesses.
- Take photos of the cars, the road and your injuries.
- Report the crash to your own insurer as soon as you can.
If the driver fled or cannot be found, tell police right away. In Washington, a phantom vehicle accident must be reported to police within 72 hours if you are making an auto insurance claim.3 Other states have other rules, and your policy may set its own time limit.
What is an uninsured motorist claim?
Uninsured motorist coverage, or UM, is part of your own auto policy. Arizona's regulator explains that it protects you and your passengers for bodily injury in an accident with a driver who has no liability coverage.4 Underinsured coverage, or UIM, is similar, but it applies when the other driver has insurance that is not enough to cover your injuries.5
If you have uninsured or underinsured coverage, you can file a claim with your own company.1 In Texas, regulators say it also pays for a hit-and-run when the other driver cannot be found.6
Your own insurer is not automatically on your side here. New Jersey regulators say your company 'stands in the shoes' of the uninsured driver and will only pay if that driver was legally responsible for your damages.7 So you still need proof of what happened and of your injuries.
How do I know if I have uninsured motorist coverage?
Look at your policy's declarations page. It is the summary of what you bought. Look for 'UM,' 'UIM,' 'UMBI' or 'uninsured.' Then check the limit. Whether you have it depends on your state and on what you chose.
| State | How it works there |
|---|---|
| Maryland | Policies are required to provide protection for an accident caused by an uninsured motorist.8 |
| Florida | An insured can make a written rejection of the coverage.9 |
| New York | If you were hit by an unknown or uninsured vehicle and no household policy applies, you may file with MVAIC.10 |
If you think you bought it but the insurer says you did not, ask for the signed form. Some states require a written rejection, and that paper can matter.
What if I have no uninsured motorist coverage?
You still may have options. They depend on your policy and your state.
- Collision coverage may fix your car, minus your deductible.
- MedPay or PIP on your policy may help with medical bills.11
- Your health insurance may pay for care.
- Another person may also be responsible, such as the owner of the car or an employer.
- You can sue the driver. A judgment is only useful if the driver can pay, though. Some states may suspend a driver's license for an unpaid judgment, and rules vary.
- If the crash involved a crime such as a DUI, your state may have a crime victim compensation program.
No insurance and not at fault: can I still claim?
Usually you can still make a claim against the driver who caused the crash, but your state may limit what you can get. California is a well-known example. A person who was uninsured in some situations cannot recover non-economic losses, such as pain and suffering, under Civil Code § 3333.4.12 Other states treat this differently. You may also face a ticket or a license problem for driving without insurance.
What if the driver had insurance, but not enough?
This happens often. The insurer may say its driver does not have enough insurance to pay all your costs.13 State minimums can be low. Arizona's minimum, for example, is $25,000 per person for bodily injury.14 Before you accept a limits offer, read your own policy for UIM coverage. Some policies require you to notify your insurer before you settle with the other driver. Check this first, because settling too soon could affect your own claim.
How to file an uninsured motorist claim
- Call your insurer and say you want to open a UM claim. Ask how long you have.
- Send the police report and the proof that the other driver had no insurance.
- Answer your insurer's questions honestly. Your own policy may require cooperation.
- Send medical records and bills as you get them.
- Do not sign a release until you know what care you still need.15
- If you disagree with the result, ask for the reason in writing, and call your state insurance department.
Questions
What happens if someone without insurance hits me?
If you have uninsured motorist coverage, you can file a claim with your own company.1 If not, other coverage or a claim against the driver may be your options.
Does uninsured motorist coverage pay for a hit-and-run?
It can. Texas regulators say it pays when the other driver cannot be found.6 Check your policy, because rules vary.
Do I have to prove the other driver was at fault?
Generally, yes. New Jersey regulators say your company pays only if the other driver was legally responsible.7
Can I still claim if I had no insurance?
Often, yes, but your state may limit it. California restricts non-economic losses for some uninsured people.12
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Guides
- Pain that shows up days after a crash: when to get checked
- How long does a car accident settlement take?
- How contingency fees work and what you take home
- How much is my injury claim worth? The factors that decide it
- How to get a police report for a car accident, and what to do if it is wrong or missing
- Getting paid for missed work and lost wages after a crash
Accidents
Sources
- Washington Office of the Insurance Commissioner, checked 2026-11-08. “If you have uninsured/underinsured motorist coverage, you can file a claim with your company.”
- Washington Office of the Insurance Commissioner, checked 2026-11-08. “Don't leave the scene without calling the police, even if you don't see any injuries and the accident seems minor.”
- Washington Office of the Insurance Commissioner, checked 2026-11-08. “You must report a phantom vehicle accident to the police within 72 hours if you're making an auto insurance claim.”
- Arizona DIFI, checked 2026-11-08. “Uninsured Motorist (UM) coverage protects you or passengers in your vehicle for bodily injury you or your passengers sustain in an accident involving a driver who has no liability coverage.”
- Arizona DIFI, checked 2026-11-08. “Underinsured Motorist (UIM) coverage protects you or passengers in your vehicle for bodily injury you or your passengers sustain in an accident involving a driver who has insufficient insurance to cover the injuries of you or your passengers.”
- Texas Department of Insurance, checked 2026-11-08. “Uninsured/underinsured motorist coverage also pays if you’re in a hit-and-run accident and the other driver can’t be found to pay for damages.”
- New Jersey DOBI, checked 2026-11-08. “will only pay your claim if the other driver was legally responsible for your damages”
- Maryland Insurance Administration, checked 2026-11-08. “All Maryland automobile insurance policies are required to provide protection for an accident caused by an uninsured motorist.”
- Fla. Stat. § 627.727, checked 2026-11-08. “makes a written rejection of the coverage on behalf of all insureds under the policy.”
- New York DFS, checked 2026-11-08. “If there was no auto policy in the household, you should file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC).”
- North Carolina Department of Insurance, checked 2026-11-08. “Medical Payments coverage, if purchased, may provide some assistance for your doctor and hospital bills, regardless of fault.”
- Cal. Civ. Code § 3333.4, checked 2026-11-08. “in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover non-economic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if any of the following applies”
- Texas Department of Insurance, checked 2026-11-08. “Say their driver doesn’t have enough insurance to pay all your costs.”
- Arizona Department of Transportation, checked 2026-11-08. “$25,000 bodily injury liability for one person and $50,000 for two or more persons”
- Consumer Federation of America guide, posted by DC DISB, checked 2026-11-08. “Do not agree to or sign an agreement to release all claims if you are still under treatment or your condition is unresolved.”