What to do if You’re Hit by an Uninsured Driver

Each year, thousands of drivers in the United States are involved in accidents caused by uninsured motorists.

According to the Insurance Research Council (IRC), around one in eight drivers on U.S. roads is uninsured, with the highest rates found in states like Mississippi (29.4%), Michigan (25.5%), and Tennessee (23.7%).

Uninsured drivers cost insured motorists billions of dollars each year in damages, medical expenses, and higher premiums.

How to Check If a Driver Has Insurance

After an accident, you might need to verify whether the other driver has valid insurance. In the U.S., every driver is required to carry proof of insurance, either as a physical card or a digital copy on their phone.
However, if the driver refuses to provide proof or you suspect they are uninsured, you can:

• Call your insurance company, which may be able to verify their coverage.
• Contact the police—officers at the scene can check state databases to confirm insurance status.
• Check your state’s DMV website (some states allow drivers to verify insurance coverage online).
• If the driver cannot provide proof of insurance, it’s likely they are uninsured.

Steps to Take If You’re Hit by an Uninsured Driver

Being hit by an uninsured driver can be stressful, but following the right steps can help you file a successful claim.

1) Gather Evidence at the Scene

Immediately after the accident, collect as much information as possible:

• Take photos and videos of the accident scene, vehicle damage, and any injuries.
• Write down the time, date, and location of the accident.
• Record the other driver’s details (name, license plate number, make and model of the vehicle).
• Check for witnesses and get their contact details.

If the driver refuses to provide their information or attempts to flee, call the police immediately. In most states, it’s illegal for drivers involved in an accident to leave without exchanging details.

2) Report the Accident to the Police

In the U.S., most states require accidents involving injury, significant damage, or an uninsured driver to be reported to law enforcement. Even if it’s a minor accident, filing a police report will help with insurance claims.

• Call 911 if there are injuries or major damage.
• Request a police report, this is crucial if the driver is uninsured.
• Obtain a case number for reference when dealing with your insurer.

Handling a personal injury case can be complicated due to varying state laws and legal requirements. ConsumerShield connects individuals with experienced attorneys who specialize in personal injury claims.

These legal professionals provide the necessary guidance and representation to help clients understand their options and navigate the legal process effectively.

3) Notify Your Insurance Provider

Even if you don’t intend to file a claim, it’s essential to notify your insurance provider about the accident. Most insurers require a detailed account of the incident, including any witness statements, CCTV or dashcam footage, and a copy of the police report if applicable.

Keeping your insurer informed ensures they have all the necessary documentation should you decide to claim later.

Some insurance companies offer Uninsured Motorist Coverage (UM/UIM), which can help cover medical expenses and vehicle damage if an uninsured driver is at fault

Additionally, policies that include Uninsured Motorist Property Damage (UMPD) may assist in covering repair costs to your vehicle, protecting you from unexpected financial burdens caused by uninsured drivers.

Can You Claim Compensation If an Uninsured Driver Hits You?

Your ability to recover costs depends on your insurance policy and the state you live in:

Insurance Type	Can You Claim?	Claim Process
Full Coverage (Including UM/UIM)	Yes	File a claim through your insurer for damages and medical expenses.
Liability-Only Insurance	No	You’ll have to sue the uninsured driver or seek state compensation (if available).
Uninsured Motorist Coverage (UM/UIM)	Yes	Covers your medical expenses and lost wages, depending on policy limits.

What Is Uninsured Motorist Coverage?

Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage protect you if you’re hit by a driver without sufficient insurance. Some states require drivers to carry UM/UIM coverage, while in others, it’s optional.

• UM Coverage: Pays for medical expenses and lost wages if the at-fault driver is uninsured.
• UIM Coverage: Covers damages if the at-fault driver doesn’t have enough insurance to cover your expenses.

If you don’t have UM/UIM coverage, you may have to file a lawsuit against the uninsured driver—but collecting damages can be difficult.

What Happens to Your Insurance Rates and Deductibles?

Being hit by an uninsured driver could impact your insurance rates, depending on your coverage.

• If you have UM/UIM coverage, your no-claims bonus may remain unaffected, and you won’t pay out-of-pocket expenses.
• If you don’t have UM/UIM, you might have to pay your deductible, and your premiums could increase.
• Some insurance companies offer Uninsured Driver Forgiveness, which protects your rates from rising if an uninsured motorist hits you.
• Before filing a claim, check your policy to see if your insurance waives deductibles and protects your premium in uninsured driver accidents.

What If the Uninsured Driver Flees the Scene (Hit-and-Run)?

If the driver leaves the scene without providing details, your best chance of recovery is through Uninsured Motorist Coverage (UM) or filing a claim with your collision coverage.

Here’s what to do in a hit-and-run:

• Call the police immediately and file a report.
• Look for security cameras from nearby businesses or homes.
• Ask witnesses if they saw the vehicle or can provide details.
• Take pictures of debris, tire marks, and any damage to your car.

According to the National Highway Traffic Safety Administration (NHTSA), nearly 900,000 hit-and-run accidents occur in the U.S. each year, with over 2,500 fatalities annually. If the driver remains untraceable, your insurance may be your only option for covering damages.

Why Are There So Many Uninsured Drivers in the U.S.?

Many drivers remain uninsured due to financial hardship, as insurance can be expensive, particularly in high-risk states where premiums are significantly higher.

Others may simply be unaware of their lack of coverage, mistakenly assuming they are insured when borrowing a car or driving a vehicle registered to a family member.

In some cases, uninsured drivers are also linked to fraudulent activity, such as driving without a valid license or attempting to evade legal consequences for past violations.

These factors contribute to the growing number of uninsured motorists on the road, increasing risks for responsible drivers.

According to the Insurance Information Institute (III), the cost of uninsured motorists is passed on to law-abiding drivers, increasing premium rates by an average of $78 per year per policyholder.

Penalties for Driving Without Insurance

Driving without insurance is illegal in all 50 states, with severe consequences:

• Fines ranging from $150 to over $5,000 (depending on the state).
• Driver’s license suspension for up to a year.
• Vehicle impoundment or SR-22 insurance requirements.

Some states, like California, Texas, and Florida, impose heavier penalties on repeat offenders.

Final Thoughts

With one in eight drivers in the U.S. being uninsured, having the right coverage is essential.

Investing in Uninsured Motorist Coverage (UM/UIM) can provide financial protection if you’re involved in an accident with an uninsured driver.

In the event of a crash, it’s important to document everything thoroughly by taking photos, gathering witness details, and filing a police report.

Additionally, checking your state’s laws for any available compensation programs can help you recover damages. Taking these steps can reduce the financial burden of an accident and ensure you’re adequately protected on the road.