What to Do When the Other Driver Has No Insurance
Your own policy, not the other driver's missing insurance, is what pays for your damage.
Call the police and your own insurer, in that order
The other driver having no insurance doesn't leave you without a way to recover. If you carry uninsured motorist coverage, that part of your policy pays for your injuries and sometimes your car, as if the at-fault driver had insurance after all. File a police report at the scene regardless of how minor it looks. The report is what your insurer and theirs, if they ever get insurance later, will rely on to establish what happened.
What you can recover and how depends on what coverage you bought and what your state requires. Some states require insurers to offer uninsured motorist coverage, some require drivers to carry it, and some leave it optional. Check your own policy's declarations page to see what you have before you assume you have nothing.
Whether you have uninsured motorist coverage
This is the single thing that decides what happens next. If you have it, your insurer handles your claim much like it would if the other driver were insured, covering your medical bills and, depending on the coverage, your car's damage. You pay your deductible if one applies, then your insurer may pursue the other driver to recover what it paid out.
If you don't have uninsured motorist coverage, your options narrow. Your collision coverage, if you have it, can still pay to repair or replace your car, minus your deductible, regardless of who was at fault. Without collision coverage and without uninsured motorist coverage, you're left trying to recover directly from the other driver, which usually means a court judgment and then trying to collect on it.
A driver with no insurance often has little money to collect from, even with a judgment in hand. That's the practical reason uninsured motorist coverage exists and why it's worth checking your policy now, before you need it again.
What you do at the scene
What you gather right after the crash shapes how smoothly your claim goes. Get the other driver's name, license number, and contact information even though they have no insurance to report. Take photos of both vehicles, the road, and any visible damage or injury.
Ask any witnesses for their contact information before they leave. Their account can matter later if the other driver disputes fault or if your insurer needs to confirm what happened.
Report the crash to your own insurer promptly, even if you're unsure yet what coverage applies. Most policies require timely notice, and waiting can complicate a claim that would otherwise be straightforward.
Questions people ask about this
Can I sue an uninsured driver directly?
Yes, you can file a lawsuit against them personally for your damages. The challenge isn't winning the case, it's collecting on the judgment afterward if they have little income or property. Many people pursue this only when their own coverage doesn't fully cover the loss.
Will my rates go up if I use uninsured motorist coverage?
This depends on your insurer and your state's rules about claims that weren't your fault. Ask your insurer directly how a claim like this affects your renewal before you decide whether to file one.
Does the police report matter if the other driver has no insurance?
Yes, it still matters. The report documents fault and the facts of the crash, which your insurer needs to process your claim and which protects you if the other driver later disputes what happened.
What if the uninsured driver flees the scene?
This is typically treated as a hit and run, and your uninsured motorist coverage usually still applies if you have it. Report it to the police immediately and give your insurer everything you have, including any partial plate number or vehicle description.
Should I add uninsured motorist coverage now?
If this crash showed you a gap in your policy, it's worth asking your insurer what uninsured motorist coverage costs to add and whether your state requires or offers it. Review your full policy at your next renewal rather than waiting for another crash to find other gaps.
See what other insurers would charge to cover a situation like this.
Pull out your policy's declarations page this week and check whether you carry uninsured motorist coverage and collision coverage. If you already filed a police report, request a copy of it for your records. Call your insurer to start a claim and ask directly which of your coverages apply to this crash. If you find you have neither uninsured motorist coverage nor collision coverage, ask what it would cost to add them before your next renewal.
