Option 1: File a Claim with Your Uninsured Motorist Coverage
If you have uninsured motorist (UM) coverage, your insurance pays for injuries and damages the at-fault driver should have covered.
What UM covers: • Medical expenses (hospital bills, surgery, prescriptions, rehabilitation) • Lost wages and future earning capacity • Pain and suffering • Funeral costs (if fatal) • Vehicle repairs (if you have uninsured motorist property damage coverage)
How to file a UM claim:
- 1. **Report the accident to police immediately.** A police report is essential for UM claims—it documents the other driver's lack of insurance and establishes fault.
- 2. **Seek medical attention right away.** Even minor injuries should be documented. Delays in treatment can hurt your claim.
- 3. **Contact your insurance company within 24-48 hours.** Tell them you were hit by an uninsured driver and want to file a UM claim.
- 4. **Provide documentation:**
- Police report
- Other driver's information (name, license plate, contact info)
- Photos of damage and the accident scene
- Medical records and bills
- Repair estimates
- 5. **Your insurer investigates.** They'll verify the other driver is uninsured and determine fault. Since you're claiming against your own policy, your insurer may scrutinize fault more carefully than usual.
- 6. **Settlement or arbitration.** Your insurer offers a settlement based on your damages. If you disagree, you can negotiate or pursue arbitration.
Important: Filing a UM claim should NOT increase your insurance rates—you weren't at fault. However, policies vary, so confirm with your insurer.
Deductible: UM bodily injury typically has no deductible. UM property damage may have a small deductible ($250-$500), but it's often waived if the other driver is identified.
For a complete overview of UM coverage, see our guide on uninsured motorist coverage.
Option 2: Pay Out-of-Pocket
If you don't have UM coverage, you're responsible for 100% of your costs—medical bills, lost wages, vehicle repairs, and any other damages.
Typical costs after being hit by an uninsured driver: • Minor accident: $3,000-$10,000 (medical bills, vehicle repairs) • Moderate accident: $10,000-$50,000 (emergency room, short hospitalization, significant vehicle damage) • Serious accident: $50,000-$300,000+ (surgery, long-term treatment, totaled vehicle, lost wages)
Ways to reduce out-of-pocket costs:
Use health insurance: Your health insurance covers medical bills (subject to deductibles and copays). However, health insurance doesn't cover: • Lost wages • Pain and suffering • Vehicle repairs • Non-medical expenses
Use collision coverage for vehicle damage: If you have collision coverage, it pays for vehicle repairs or replacement regardless of fault (minus your deductible, typically $500-$1,000). Collision doesn't cover injuries—just vehicle damage.
MedPay or PIP: If you have Medical Payments (MedPay) or Personal Injury Protection (PIP), these coverages pay medical bills immediately regardless of fault. They don't cover vehicle damage or non-medical expenses.
Payment plans: Hospitals and auto repair shops often offer payment plans. Negotiate bills—many providers reduce charges if you explain the situation.
Bottom line: Even with health insurance and collision coverage, you'll likely pay thousands out-of-pocket for costs those policies don't cover. This is why UM coverage is critical.
Option 3: Sue the Uninsured Driver
You can sue the at-fault driver personally to recover damages. However, there's a major problem: uninsured drivers rarely have assets to collect against.
How suing an uninsured driver works:
- 1. **Hire a personal injury attorney.** Most work on contingency (they take 33-40% of any settlement or judgment).
- 2. **File a lawsuit.** Your attorney files a personal injury claim in civil court, alleging negligence and seeking compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Vehicle damage
- Legal fees
- 3. **Win a judgment.** If you prove the driver was at fault and caused your damages, the court awards a monetary judgment.
- 4. **Try to collect.** Here's where it falls apart—you must collect the judgment yourself:
- Wage garnishment (if the driver has a job)
- Bank account levies
- Property liens
- Asset seizure
The reality: Most uninsured drivers have no recoverable assets. Even if you win a $100,000 judgment, you may collect nothing. Wage garnishment laws limit how much you can take, and many uninsured drivers work under the table or have minimal income.
Costs and time: • Legal fees: Even on contingency, you may pay upfront costs (filing fees, expert witnesses, depositions) • Time: Lawsuits take 1-3 years • Success rate: Low—most personal injury attorneys won't take cases against uninsured defendants because collection is nearly impossible
When suing makes sense: • The uninsured driver has significant assets (home, business, savings) • You have catastrophic injuries (millions in damages) and want a judgment for future collection • You have no other options and need a legal record of the debt
When it doesn't make sense: • The driver has no assets or income • Your damages are relatively small (<$25,000) • You have UM coverage—file a claim instead
Bottom line: Suing an uninsured driver is often a waste of time and money. UM coverage is a far better solution.
What If the Uninsured Driver Flees (Hit-and-Run)?
If the uninsured driver flees the scene, your options depend on whether you can identify them:
If you identify the driver: • File a police report immediately • Provide license plate number, vehicle description, and any witness information • File a UM claim with your insurer (most states cover hit-and-run under UM bodily injury) • Your insurer may pursue the driver for reimbursement (subrogation)
If you can't identify the driver: • File a police report immediately (required for UM claims) • UM bodily injury usually covers hit-and-run injuries (even if the driver is never found) • UM property damage coverage varies by state: - Some states cover hit-and-run vehicle damage - Others require physical contact or driver identification - Collision coverage is often your best option for vehicle damage in hit-and-run cases
Important: Always file a police report immediately after a hit-and-run. Without it, your UM claim may be denied.
For more on hit-and-run coverage, see our article on does uninsured motorist cover hit and run.
How to Protect Yourself from Uninsured Drivers
The best protection is buying adequate uninsured motorist coverage BEFORE an accident happens.
1. Buy UM coverage matching your liability limits • If you carry 100/300 liability, buy 100/300 UM • If you carry 250/500 liability, buy 250/500 UM • UM typically costs just $75-200/year—an excellent value for critical protection
2. Consider stacking if available in your state • Stacking combines UM limits from multiple vehicles on your policy • Example: Two cars with 100/300 UM each = 200/600 total protection • Costs 30-50% more but provides greater protection
3. Add underinsured motorist (UIM) coverage • UIM covers accidents where at-fault driver has insurance but not enough • Often bundled with UM as UM/UIM • Protects against drivers carrying state minimums ($25,000-$50,000 in many states)
For guidance on choosing UM limits, see our guide on is uninsured motorist coverage worth it.
4. Keep collision and comprehensive coverage • Collision covers vehicle damage regardless of fault • Comprehensive covers theft, weather, vandalism (not collision-related) • Both work alongside UM to provide complete protection
5. Document everything after an accident • Take photos and videos • Get witness contact information • File a police report immediately • Seek medical attention right away (even if you feel fine) • Keep all receipts and records
6. Never admit fault at the scene • Avoid saying "I'm sorry" or accepting blame • Let police and insurers determine fault • Even partial fault can reduce your UM payout
7. Review your policy annually • Verify you have UM/UIM coverage • Ensure limits match your liability coverage • Ask about stacking and other options
State-by-State Uninsured Driver Rates
Uninsured driver rates vary dramatically by state. If you live in a high-uninsured state, UM coverage is especially critical.
Highest uninsured driver rates (2024 data): • Mississippi: 29.4% (nearly 1 in 3 drivers) • Michigan: 25.5% • Tennessee: 23.7% • New Mexico: 21.8% • Washington: 21.7% • Florida: 20.4% • Alabama: 19.5%
Lowest uninsured driver rates: • New Jersey: 3.1% • Massachusetts: 3.5% • New York: 4.1% • Maine: 4.9%
National average: 12.6% (approximately 1 in 8 drivers)
Why some states have higher rates: • Higher insurance costs • Weaker enforcement of insurance requirements • Lower mandatory coverage minimums • Economic factors and income inequality
Bottom line: Even in low-uninsured states, 1 in 25-30 drivers has no insurance. In high-uninsured states, the risk is enormous. UM coverage is essential everywhere.
Frequently Asked Questions
You have three options: (1) file a claim with your uninsured motorist coverage if you have it, (2) pay medical bills and repairs out-of-pocket, or (3) sue the at-fault driver personally. UM coverage is by far the best option—it covers medical expenses, lost wages, pain and suffering, and vehicle damage without the hassle of lawsuits or out-of-pocket costs.
Yes, you can sue an uninsured driver for damages. However, even if you win a judgment, collecting is extremely difficult—most uninsured drivers have no assets or income to garnish. Lawsuits take 1-3 years and often result in uncollectible judgments. UM coverage is a far better solution.
Only if you have uninsured motorist (UM) coverage. UM pays for injuries and damages when an at-fault driver has no insurance. Without UM, you must pay out-of-pocket or sue the driver. UM is optional in most states but highly recommended.
No. Liability insurance only covers damage you cause to others—never your own injuries or vehicle damage. To be protected when uninsured drivers hit you, you need uninsured motorist coverage, collision coverage (for vehicle damage), and health insurance (for immediate medical bills).
If you don't have UM coverage, negotiate payment plans with hospitals and repair shops. Use health insurance for medical bills and collision coverage for vehicle damage if you have them. For future protection, add UM coverage to your policy—it typically costs just $75-200/year and prevents financial catastrophe.
UM coverage typically costs $75-200/year, or about 5-15% of your total premium. The cost depends on your state's uninsured driver rate, your coverage limits, and whether you choose stackable coverage. For protection worth hundreds of thousands of dollars, UM is one of the best insurance values available.