Glenn Kahn
What to Do If You’re Hit by an Uninsured Driver
A judge 's gavel is sitting on top of a stack of books on a table.

Being involved in a car accident is unsettling in any situation, but the stress can escalate quickly when you learn the other driver doesn’t have insurance. Even though most states require drivers to carry auto liability coverage, many still operate their vehicles without it. When this happens, recovering money for your medical expenses, lost wages, and vehicle repairs can become more complicated. The good news is that you still have several potential avenues for compensation.

Immediate Steps to Take After the Accident

Your actions right after the collision play a major role in protecting your wellbeing and your claim. Start by checking yourself and anyone else involved for injuries. Call law enforcement so an official accident report can be completed — this document can be crucial later when you’re handling insurance claims or other legal matters.

Next, gather as much information as possible at the scene. This includes the other driver’s name and contact information, details about their vehicle, and photos of the damage to both cars and the surrounding area. Visual evidence can help establish what happened. After that, reach out to your insurance company to report the crash and begin the claims process.

Since most states use an “at-fault” system — meaning the driver who caused the accident is responsible for the resulting damage — the next steps will depend on who is ultimately found to be at fault.

How Your Insurance May Help

If the uninsured driver is determined to be at fault, your insurance coverage may step in to help cover the costs. Many motorists carry uninsured or underinsured motorist coverage, which is specifically designed for situations like this. It can help cover your medical treatment, missed income from time away from work, and sometimes even the damage to your vehicle when the at-fault driver has too little or no insurance at all.

You may also have other optional coverages that apply. Collision insurance typically pays for repairing or replacing your vehicle regardless of who caused the accident. Personal injury protection (PIP) can help with medical bills and related costs no matter who was responsible for the crash. If you don’t carry these coverages, your ability to recover through your insurance may be more limited, making alternative options more important.

When You Might Consider Legal Action

In some instances, filing a lawsuit against the uninsured driver may be an option for recovering your losses. Through legal action, you can pursue compensation for expenses like medical care, car repairs, and non-economic damages such as pain and suffering. However, this path is only practical if the other driver has the financial ability to pay a settlement or judgment. If they have limited income or few assets, winning a lawsuit doesn’t necessarily mean you’ll collect the money owed.

It can be helpful to consult with a car accident attorney who can evaluate your situation and advise whether legal action is worth pursuing. They can also assist with documenting your claim and navigating the process if you choose to move forward.

What to Do in a Hit-and-Run

Hit-and-run accidents follow a similar process to crashes involving a known uninsured driver. Since the responsible driver can’t be identified, your uninsured motorist coverage typically applies. Just as with any accident, it’s important to contact the police right away and file a report. Make sure to notify your insurance company promptly, as many policies have strict deadlines for reporting hit-and-run incidents.

Getting Support After an Accident with an Uninsured Driver

Managing the aftermath of an accident involving an uninsured driver can feel overwhelming, but you don’t have to handle it alone. An attorney can help you communicate with your insurance company, understand your policy benefits, and ensure your rights are protected throughout the process.

Knowing what coverage you have — and taking quick, thorough action after the crash — can make a significant difference in reducing the financial burden and securing the compensation you need. While the situation may be frustrating, the right steps can help you move forward with confidence and support.