What Happens if You Get Hit but Do Not Have Insurance
If the other driver has no insurance, your own policy is usually what pays, but only if you carry the right coverage.
Your own policy often has to cover the loss
If you're hit by a driver with no insurance, there's no insurer on their side to pay your claim. What happens next depends almost entirely on what coverage you have on your own policy, particularly uninsured motorist coverage. Where that coverage exists, it steps in to pay for your injuries and sometimes your car, as if the other driver had carried their own insurance.
Without that coverage, you're often left paying for repairs and medical bills yourself, then trying to recover the cost directly from the other driver through a lawsuit or a claim against their assets. That process can take a long time and often doesn't produce much, since a driver with no insurance frequently doesn't have the money to pay a judgment either.
Whether you have uninsured motorist coverage
The biggest factor in what happens next is whether your policy includes uninsured motorist coverage, and whether it covers both injuries and vehicle damage or just one of the two. Some states require insurers to offer this coverage, and some require drivers to carry it unless they reject it in writing. Check your own policy or ask your insurer which type you have.
If you have it, you file a claim with your own insurer, not the other driver's, since there isn't one. Your insurer investigates the crash and the other driver's lack of insurance the same way they'd investigate any claim, then pays out according to your coverage limits.
If you don't have it, your options narrow. You may be able to use collision coverage for your car if you carry it, though you'd likely owe your deductible. For injuries, you'd need to look at health insurance or pursue the other driver directly.
Some older drivers drop uninsured motorist coverage over the years to lower their premium, not realizing how much it matters until a crash like this happens. If you're not sure whether you have it, this is worth confirming before anything happens, not after.
What state you're in
States handle uninsured drivers differently, and that affects both how common this situation is and what protections exist. Some states have higher rates of uninsured driving than others, and some require insurers to include uninsured motorist coverage automatically unless the driver declines it.
Your state also determines how a hit and run or an uninsured driver gets reported, what the police report needs to include, and what proof your insurer will ask for before paying a claim. Ask your insurer or agent what your state requires and what documentation they'll need from you after a crash like this.
If you do end up pursuing the other driver directly for costs your insurance doesn't cover, state law also governs how that works, including how long you have to file and what you can recover. An attorney or your state's consumer protection office can tell you more about that process if it comes to it.
Questions people ask about this
Can I sue someone with no insurance after a crash?
Yes, you can sue the driver directly, but collecting on a judgment depends on whether they have income or assets worth pursuing. Many uninsured drivers don't, which is why insurers and attorneys often describe this route as a last resort rather than a reliable way to recover costs.
Does my insurance go up if I'm hit by an uninsured driver?
This depends on your insurer and whether they consider the crash your fault. Since you weren't at fault, many insurers won't raise your rate for a claim like this, but policies and state rules vary, so it's worth asking your insurer directly how they handle not-at-fault claims involving uninsured drivers.
What if the uninsured driver who hit me leaves the scene?
This is typically treated as a hit and run, and uninsured motorist coverage usually still applies if you have it, since the lack of insurance is the same problem either way. Report it to the police right away, since the report becomes part of what your insurer needs to process the claim.
Should I still call the police if the other driver has no insurance?
Yes, a police report documents the crash and the other driver's lack of insurance, which your own insurer will likely need before paying an uninsured motorist claim. It also creates an official record if you later need to pursue the other driver directly.
Will my insurer cover my medical bills if the other driver isn't insured?
Only if your policy includes uninsured motorist coverage for injuries, sometimes listed separately from the coverage for vehicle damage. If you don't have this coverage, your health insurance may be the only thing that pays, so it's worth checking both policies to understand what's covered.
If you're not sure your coverage would protect you in a situation like this, it's worth comparing what other policies offer.
Pull out your current policy and look for a section called uninsured motorist coverage, or call your insurer and ask directly whether you have it and what it includes. If you don't have it, ask what it would cost to add and whether your state requires insurers to offer it. If you've just been in a crash with an uninsured driver, file a police report if you haven't already, and contact your insurer to start a claim even though the other driver has no coverage. Keep copies of the police report, any photos from the scene, and all medical or repair bills, since you'll need these regardless of which coverage ends up paying.
