What to Do if Driver Has No Insurance
What you do in the first hour and the first week decides whether your own insurer can step in to cover what the other driver can't.
Call the police and your own insurer before you do anything else
If another driver has no insurance, your first calls are to the police and to your own insurance company, not to the other driver. The police report is the official record that the other driver had no coverage, and without it your insurer has only your word against theirs.
What happens after that depends on what's on your own policy. If you carry uninsured motorist coverage, your insurer can pay for your injuries and sometimes your vehicle damage directly, treating the claim the way it would if the other driver had coverage. If you don't carry it, your options narrow to your own collision coverage for the car and a personal injury claim against the other driver directly, which is often harder to collect on.
Whether you have uninsured motorist coverage
This is the single biggest thing that decides what happens next. Uninsured motorist coverage is a part of your own policy, separate from liability, and some states require insurers to offer it while others require drivers to carry it outright. Check your declarations page or call your agent to find out if you have it and what it covers, since some policies cover injuries only and others extend to vehicle damage too.
If you have it, you file the claim with your own insurer, not the other driver's, because there is no other insurer in this situation. Your insurer investigates the crash, including the police report, the same way it would any claim.
If you don't have it, your car damage may still be covered under collision coverage if you carry that, though you'll likely owe your deductible with no one to collect it back from. For injuries, your options are more limited and may come down to your own health insurance or a personal claim against the driver.
Either way, find out now, before anything happens, whether you have this coverage. It's worth asking your agent to add it if you don't.
What you document at the scene matters later
An uninsured driver has more reason than most to leave the scene or to downplay what happened, so what you collect in the moment carries extra weight. Get the other driver's name, license plate, and a photo of their license if they'll allow it, along with photos of both vehicles and the surrounding scene.
The police report is what confirms, officially, that the other driver had no insurance at the time. Ask the responding officer how to get a copy and how long it typically takes, since you'll need it for your own insurer's claim.
If there were witnesses, get their contact information before they leave. An uninsured driver's account of the crash may not match yours, and a witness statement can matter more in this situation than in an ordinary claim.
Write down what you remember while it's fresh, including the time, the road conditions, and what the other driver said, if anything, about not having insurance.
Questions people ask about this
Can I sue an uninsured driver directly for damages?
You can, but collecting on a judgment from someone who couldn't afford insurance is often difficult, since a court judgment doesn't guarantee the person has money to pay it. Many drivers pursue this only after exhausting what their own uninsured motorist coverage can pay. An attorney familiar with your state can tell you whether it's worth pursuing given the other driver's apparent assets.
Does my rate go up if I'm hit by an uninsured driver?
This depends on your insurer and your state, since some treat a not-at-fault claim differently than one where you caused the crash. Ask your insurer directly how a claim involving an uninsured driver who wasn't at fault affects your renewal. Some states have rules limiting rate increases for accidents that weren't your fault.
What if the uninsured driver was at fault but drives off?
This is treated as a hit and run, and the police report should reflect that distinction, since it can affect which part of your coverage applies. Uninsured motorist coverage often extends to hit and run situations specifically, so check whether yours does. Report it to the police right away even if the damage seems minor, since a delayed report can complicate the claim.
Will the uninsured driver get in legal trouble?
Driving without insurance is against the law in nearly every state, and the driver may face fines or other penalties from the state, separate from any claim you file. That's a matter between the driver and the state, not something that affects whether your own claim gets paid. Your focus is your own coverage and your own documentation, not the other driver's legal outcome.
Should I get my car fixed before the claim is settled?
Check with your insurer first, since starting repairs before the claim is reviewed can complicate what they're willing to cover. Most insurers want to inspect the damage or review photos before repairs begin. Ask your claims adjuster what order to do things in before you commit to a repair shop.
If this has you thinking about whether your own policy would actually cover a situation like this, it's worth comparing what other insurers offer.
Pull out your declarations page this week and look for uninsured motorist coverage, or call your agent and ask directly whether you have it. If you were just in a crash with an uninsured driver, get a copy of the police report and start your claim with your own insurer right away, not the other driver's. Keep every photo, witness contact, and note you took at the scene together in one place, since you may need them more than once. If you don't have uninsured motorist coverage, ask your agent what it would cost to add it before you need it again.
