What To Do if You're Hit by an Uninsured Driver

Although driving without insurance is illegal in almost every state, some drivers still choose to forgo proper coverage. According to a 2023 Insurance Research Council (IRC) study in 2022, 14% of motorists, or approximately one in seven drivers, were uninsured. The number of uninsured motorists has slowly increased over time, creating numerous negative impacts, including raised coverage rates. At Infinity Insurance Agency, Inc. we understand the importance of sufficient auto insurance coverage and the panic that can occur when you are in an accident with an uninsured driver. While all accidents can be scary, being hit by an uninsured driver can cause a new level of stress. Don’t wait till the unexpected happens to learn what you need to do.  

Follow along and learn potentially helpful steps to take after an accident with an uninsured driver.

What to do if you are hit by an uninsured driver

The absolute worst time to learn how to handle a collision with an uninsured driver is right after it happens.  

Take a moment to familiarize yourself with the following tips, so you know what possible steps you can take after being hit by an uninsured driver:

• Check for injuries – everyone’s health and safety should always be your top concern. Check yourself and the other driver for injuries and if necessary, call emergency services.
• Call the police - in all accidents, but especially if an uninsured driver is involved, it is essential to call the police. The police officer can help determine who is at fault and can create a report. Always ask how you can obtain a copy of the police report, as this will be needed when filing a claim with your insurance company and make the entire process smoother. In addition, make sure to note the officer and police department's name, as well as the police report number.
• Don’t accept cash - the uninsured driver may try to offer you cash or persuade you to avoid calling the police. Remember, you have no idea how much your damages or medical expenses could come to, hold off and do not accept the deal.
• Swap information - even if the driver doesn’t have insurance, you should take down their name, address, phone number, and vehicle details such as license plate and VIN. Jot this information down in your phone and be sure to have it handy later when you call your insurance company.
• Gather details – a picture is worth a thousand words! Take lots of pictures of the accident scene and gather as much detail as possible. Take comprehensive notes of the accident, noting any damage, injuries, traffic signs, license plate numbers, and which way each vehicle was traveling.  
• Contact your insurance company - call your insurance agency and have your details and notes ready. You should also inform them that you filed a police report and give them the name and number of the officer and department. Immediately let your insurance company know that the other driver was uninsured. They must be aware of this information so they can file an uninsured claim. Often, there is a limit on the amount of time you have to file an uninsured motorist claim, so try to inform your insurance company as soon as possible.  

Coverage for accidents with uninsured drivers

Depending on what state you live in you may be required to maintain varying amounts of minimum insurance coverage. It is possible that your minimum liability coverage will not sufficiently cover an accident with an uninsured driver. In such instances, it can be advantageous to pursue uninsured motorist coverage. Uninsured motorist (UM) coverage is designed to help lessen the out-of-pocket expenses in the aftermath of an accident with an individual who does not carry car insurance. Typically, UM consists of uninsured motorist bodily injury coverage (UMBI) and uninsured motorist physical damage. After an accident, if you file a claim with UM, you may receive help paying your medical bills up to the limits of coverage. Some states require UM coverage to help pay for car repairs, property damage, and medical bills when an uninsured driver is at fault. If you do not carry UM but do carry collision or PIP/MedPay coverage these can also potentially be used to pay some of your expenses and/or medical bills after a car accident with an uninsured driver.

Uninsured drivers in no-fault car insurance states

The process of being hit by an uninsured driver will differ depending on whether you live in a no-fault state. In a no-fault state, your insurance coverage operates on the principle that each person involved in the accident will receive compensation for injuries and/or damages from their own insurance company, no matter who was at fault. This means your insurance company is already responsible for covering your losses up to your limit, so the fact that you were hit by an uninsured motorist matters less. Many times, states that are not no-fault, also known as tort-liability will require you to carry UM coverage.

As of February 2023, According to NJ.com the following states are no-fault:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Pennsylvania
• Utah

Ready to discuss your uninsured motorist coverage options with Infinity Insurance Agency, Inc.? Give our dedicated team a call at 1-855-478-3705 to discover the ideal coverage for your unique auto needs.

FAQs

Do insurance companies seek damages from uninsured drivers?

An insurance company can seek damages from an uninsured driver. However, it is unlikely they would pursue this route as typically an uninsured driver may not have much in the way of assets. The insurance company could enact subrogation to go after losses, but unless the uninsured driver has sufficient assets, it could be a waste of time and money to go after a driver without insurance.  

Will my rate increase after an uninsured motorist claim?

There are many reasons for your insurance rate to increase, but filing an uninsured motorist claim is not one of them. Generally, insurance companies are prohibited from penalizing their insurers for an accident in which they are not at fault. Nonetheless, if you were receiving any insurance rate benefits or discounts for safe driving, it is quite possible that filing an uninsured motorist claim may cancel those benefits.

Do I need to file a lawsuit against an uninsured driver?

You could potentially file a lawsuit against an uninsured driver, but it may not be worth the time and effort. If a driver fails to carry insurance, likely, they may not have much in the way of assets, and even if you win it is possible you will not be able to collect the judgment.  

Is a police report required for an uninsured motorist claim?

No, a police report is not always required for an uninsured motorist claim but it is usually useful to have and can speed up the claims process.