What to Do If an Uninsured Driver Hits You (2022)

Nearly every state requires drivers to have at least a minimum amount of liability car insurance coverage. Still, there are those who don’t buy even that much car insurance — despite it being against the law. So what happens when one of these uninsured drivers hits your vehicle?

When you get in a car accident, the insurance of the at-fault driver typically pays for the damage. However, it's more complicated when someone without insurance hits your vehicle and damages it or injures you or your passengers.

We will be answering the following questions:

  • What do I need to do after being hit by an uninsured driver?
  • Who will pay for the damages?
  • What is uninsured and underinsured motorist coverage? Should I get it?

Three steps to take after being hit by an uninsured driver

1. File a police report

You need to start by filing a police report. While you're waiting for the police to arrive at the scene of the accident, get as much documentation as possible. Take photos of the damage, note as many details as you can (including the road conditions and your speed), and exchange information with the other driver.

Even if the accident appears minor, we recommend that you do not try to handle it privately. Damage to your vehicle may be worse than what you initially thought. Additionally, some injuries, like whiplash, may not appear until hours or days after an accident.

If you choose to pay for the damages yourself, there's no guarantee the other person won't come back at a future date asking for more money or saying that the damages were worse than initially estimated.

When the police arrive at the scene, they will take statements from you, the other driver and any witnesses. The officers will also record your vehicle information, name and contact information.

2. File a claim

After filing a police report, your next step should be to file an uninsured motorist claim with your insurance provider. Your insurer will pay for the medical bills and property damage sustained to your vehicle, up to your coverage amount.

(Video) What Happens When An Uninsured Driver Hits You?

Don’t drag your feet on this. File the claim sooner rather than later. Most insurers only give you 30 days to file an uninsured or underinsured motorist claim.

And if you don’t have uninsured motorist protection, you can file a claim under the collision portion of your policy. The downside is that it won’t reimburse you for any medical expenses and, if you don't have health insurance, those can add up quickly.

It’s important to file a police report and keep all receipts related to repairing your vehicle. Also, keep all records of any medical care you receive as a result of the accident. If you can prove you were injured, it’s much more likely your insurance company will pay out your claim.

On top of that, gather all the evidence you can that the other party is uninsured. Do this as soon as possible after the accident. The more evidence you have against the other driver, the more likely your claim will go through.

3. Press charges

You should file a police report and insurance claim if an uninsured driver damages your vehicle or injures you. Whether or not you take this next step depends on your particular situation and how it pans out.

What if you file an uninsured motorist claim but don't get enough money to cover your repair or medical bills? You may want to take the offending driver to small claims court.

Just remember that sometimes a lack of insurance often means a lack of assets and a solid income. Most experts only advise pressing charges if you think you have a good chance of winning the case. Even then, though, you won’t walk away with anything if the other party has no savings or other assets.

Who will pay for damages in an accident?

Whoever pays for damages related to an accident depends on your state.

States can be classified as no-fault or tort. If you live in a no-fault state, you’ll be good to go. But what if you live in a tort state and the other driver doesn’t have insurance? That’s when you have to worry about the uninsured driver who hit you.

(Video) Swinton Insurance's Guide: What To Do If Your Car Is Hit By An Uninsured Driver

No-fault states

Twelve states are no-fault states. Drivers who live in these no-fault states are required to carry personal injury protection (PIP), which covers medical expenses caused by car accidents. No-fault states also limit lawsuits filed against other drivers for medical costs associated with an accident.

If you get into an accident, you pay for any property damage or injuries that result from the crash. This is true no matter which driver caused it. Regardless of who is at-fault for a crash, you file claims with your own insurance company.

StatePIP minimum requirementLawsuit threshold
Florida$10,000Verbal
Hawaii$10,000$5,000
Kansas

$4,500 per person for medical expenses;

$900 per month for one year for disability or loss of income;

$25 per day for in-home services;

$2,000 for funeral, burial or cremation expenses and

$4,500 for rehabilitation expenses

$2,000
Kentucky

$10,000 for medical expenses;

$200 per week for loss of income

(Video) What To Do If You Are Hit By An Uninsured Driver.

$1,000
Massachusetts$8,000$2,000
MichiganDrivers have a few options for PIP coverage:
  • Unlimited coverage
  • $50,000
  • $250,000
  • $500,000
  • $250,000, if you have non-Medicare health insurance that covers car accident injuries
  • Opt out, if you have Medicare Parts A or B
Verbal
Minnesota$40,000$4,000
New Jersey$15,000Verbal
New York$50,000Verbal
North Dakota$30,000$2,500
Pennsylvania$5,000Verbal
Utah$3,000$3,000

Tort or at-fault states

In tort or at-fault states, the driver who caused the accident has to pay for any damages tied to it. This is true whether or not they have car insurance.

If you live in a tort state, someone needs to be held liable for an accident. You also need to carry third-party liability insurance to protect others.

Even if you decide not to file a lawsuit against the other driver, your insurance company may choose to do so instead.

Should I get uninsured and underinsured motorist coverage?

UM or UIM protection is for when drivers without insurance or enough liability coverage hit you. This coverage pays for car repairs, property damage and medical bills.

Based on our research, adding UM and UIM coverage to your policy adds approximately $20 a month to your insurance bill. Given the exorbitant costs of hospital bills, spending an extra $240 per year on UM and UIM coverage is often worth it.

According to the Insurance Research Council, approximately 12.6% of motorists in the U.S. were uninsured. These numbers are why uninsured and underinsured motorist coverage is so important. It’s also likely why many states require it.

Most UM or UIM policies won’t allow you to carry more coverage than your liability insurance coverage. So if you have $100,000 worth of liability coverage, that’s how much you’ll have in uninsured or underinsured motorist coverage. Of course, you can speak with your insurer for more information, as policies vary by insurer.

Do any states require uninsured or underinsured motorist coverage?

Twenty states and the District of Columbia require either UM or UIM coverage, or both. Every other state has set UM and UIM as optional coverages.

Tort or at-fault states

In tort or at-fault states, the driver who caused the accident has to pay for any damages tied to it. This is true whether or not they have car insurance.

(Video) What if I am hit by an Uninsured Driver? - Teggart Injury Law

If you live in a tort state, someone needs to be held liable for an accident. You also need to carry third-party liability insurance to protect others.

Even if you decide not to file a lawsuit against the other driver, your insurance company may choose to do so instead.

Should I get uninsured and underinsured motorist coverage?

UM or UIM protection is for when drivers without insurance or enough liability coverage hit you. This coverage pays for car repairs, property damage and medical bills.

Based on our research, adding UM and UIM coverage to your policy adds approximately $20 a month to your insurance bill. Given the exorbitant costs of hospital bills, spending an extra $240 per year on UM and UIM coverage is often worth it.

According to the Insurance Research Council, approximately 12.6% of motorists in the U.S. were uninsured. These numbers are why uninsured and underinsured motorist coverage is so important. It’s also likely why many states require it.

Most UM or UIM policies won’t allow you to carry more coverage than your liability insurance coverage. So if you have $100,000 worth of liability coverage, that’s how much you’ll have in uninsured or underinsured motorist coverage. Of course, you can speak with your insurer for more information, as policies vary by insurer.

Do any states require uninsured or underinsured motorist coverage?

Twenty states and the District of Columbia require either UM or UIM coverage, or both. Every other state has set UM and UIM as optional coverages.

These states require only uninsured motorist bodily injury coverage (UMBI):

StateUM/UIM requirement
Massachusetts$20,000/$40,000
Missouri$25,000/$50,000
Wisconsin$25,000/$50,000
Oregon$25,000/$50,000

These states require both UMBI and underinsured motorist bodily injury coverage (UIMBI):

StateUM/UIM requirement
Connecticut$25,000/$50,000
Illinois$25,000/$50,000
Kansas$25,000/$50,000
Maine$50,000/$100,000
Minnesota$25,000/$50,000
Nebraska$25,000/$50,000
New York$25,000/$50,000
North Dakota$25,000/$50,000
South Dakota$25,000/$50,000

These states require UMBI and uninsured motorist property damage coverage (UMPD):

StateUM/UIM requirement
District of Columbia$25,000/$50,000
South Carolina$25,000/$50,000

These states require UMBI, UIMBI, UMPD and UIMPD:

StateUM/UIM requirement
Maryland$30,000/$60,000
New Hampshire*$25,000/$50,000
New Jersey**$15,000/$30,000
North Carolina$30,000/$60,000
Vermont$50,000/$100,000
West Virginia$25,000/$50,000
*New Hampshire only requires drivers to buy this coverage if they decide to buy car insurance. **New Jersey only requires drivers to buy this coverage if they buy a standard policy.

QuoteWizard.com LLC has made every effort to ensure that the information on this site is correct, but we cannot guarantee that it is free of inaccuracies, errors, or omissions.All content and services provided on or through this site are provided "as is" and "as available" for use.QuoteWizard.com LLC makes no representations or warranties of any kind, express or implied, as to the operation of this site or to the information, content, materials, or products included on this site.You expressly agree that your use of this site is at your sole risk.

FAQs

What happens if you get hit by a non insured driver? ›

If a driver refuses to give their information you'll need to tell the police. All accidents involving an uninsured driver should be reported to the police anyway. Your insurance provider should also be informed about an incident, even if you're not planning to make a claim.

Can you claim against an uninsured driver? ›

Uninsured Driver Claims at a Glance

You can still claim compensation if you have been injured by an uninsured driver. In the absence of an insurer to handle the claim, like in an ordinary road traffic accident, the Motor Insurers' Bureau will step in and act like the other party's insurer.

What happens if I'm hit by an uninsured driver UK? ›

A road traffic accident involving an uninsured driver should be reported to the police. Report the incident to them within 14 days from when the incident occurred if you were injured. If damage to property occurred, then you should make your report within five days.

How do I claim on someone else's car insurance? ›

To make a claim, get a form from your insurer or write to the other driver or their insurer, giving details of the accident and the other driver's policy number. Tell your insurer about any independent witnesses and send them witness statements if you can.

How long does a MIB claim take? ›

We will make every effort to decide within three months on whether to make a compensation payment. For cases submitted in the Process for Low Value Personal Injury Claims in Road Traffic Accidents, we will aim to make a decision within 6 weeks.

Can I claim for a hit and run? ›

As with any type of personal injury claim, a hit-and-run accident claim could compensate you for any type of injury caused by another driver's negligence. Some of the most common hit and run injuries compensation might be claimed for are: Compensation for broken bones. Head injury compensation.

What is untraced drivers Agreement? ›

The Untraced Drivers' Agreement is an inquisitorial process in which MIB is required to investigate claims and present its decision to the claimant, along with the relevant evidence.

Will my insurance go up if someone hits me UK? ›

The short answer unfortunately is yes. Regardless of whose fault it was, making a claim will almost always lead to an increase in your car insurance premium.

How can police tell if you have no insurance UK? ›

How do police know I don't have insurance? Police work closely with the Motor Insurance Database. Data from the (MID) is shared with all UK police forces so that Automatic Number Plate Recognition (ANPR) cameras can quickly and easily tell officers if a vehicle in front is insured or not.

How long do you have to make a car insurance claim UK? ›

It is normally three years from the date the incident happened. This time limit is set by law, under the Limitation Act 1980, but an exception can be made under certain circumstances.

Should I claim on my car insurance if not my fault? ›

Yes. You need to declare all accidents that you're involved in, regardless of who or what was at fault. Almost every insurance provider will have a clause in their policy requiring you to declare any incidents you've been involved in while driving in the past 5 years.

How long after a car accident can you claim for damage to car? ›

Car accident claim time limit: Car accidents and road traffic accidents in general have a three-year limit from the date of the accident. If you were left incapacitated and unable to claim for some time after your accident, you would have a three-year limit from the date of recovery.

How long do you have to report an accident to insurance? ›

After being involved in a car accident, you should report it to your car insurance provider as soon as you can. Many insurers specify that you need to inform them about an accident within 24 hours of the incident.

Does MIB pursue uninsured drivers? ›

The main groups of people we help are: Victims of uninsured drivers. Victims of untraced drivers, usually referred to as hit and run accidents. UK residents involved in accidents with foreign-registered vehicles, either in the UK or elsewhere in Europe.

Will MIB pay out? ›

MIB was set up to compensate victims for personal injury and financial losses where the other driver does not have insurance or is untraceable. Motor Insurers' Bureau compensation may pay out damages for any personal injuries sustained as a result of a road traffic accident that someone else's negligence caused.

Who can claim from MIB? ›

Who can claim?
  • you are aged 18 or over.
  • the accident happened in England or Wales.
  • the accident happened on or after the 31st May 2021.
  • you were inside a vehicle.
  • you believe the accident was not your fault.

Whose fault is it when hit from behind in car? ›

In the vast majority of road traffic collisions involving a driver who is hit from behind, the person driving the vehicle behind you is 'at-fault'. Even if the person in front of you slammed their brakes on for what you believe was no good reason, you would still be at-fault for the collision.

What is classed as a hit and run? ›

A hit-and-run accident occurs when someone hits a vehicle, person, someone's personal property, or in some states, an animal. The person operating the vehicle that causes the damage then "runs" from the scene of the crime.

Do I need a lawyer to claim Road Accident Fund? ›

The Road Accident Fund is encouraging potential claimants to claim directly from them instead of using a lawyer. The fund lists three steps for claiming: compiling documents, completing forms and then submitting them.

What is an Article 75 insurer? ›

The Article 75 insurer is an insurer who at the time of the accident giving rise to the liability was providing any insurance in respect of the vehicle (other than by reason of a driving other vehicle clause)…from which the liability arose.

Does MIB pay legal costs? ›

21. (1) Where MIB pays an award (but not an interim payment) it shall also pay a contribution ('the contribution'), towards any legal costs incurred by the claimant in seeking advice from a solicitor or advocate regarding the claim and any award made by MIB.

Can you issue proceedings against MIB? ›

As an overview, MIB will investigate claims brought by the victims of allegedly negligent motorists who cannot be traced. As no one responsible can be identified, it is not possible for the claimant to bring court proceedings against any person.

How does insurance work when it's not your fault? ›

Your insurance company will pay for your damages, minus your deductible. Don't worry — if the claim is settled and it's determined you weren't at fault for the accident, you'll get your deductible back. The involved insurance companies determine who's at fault.

Do you lose no claims if someone hits you? ›

A no claims bonus (NCB), or more correctly a no claims discount, is awarded if you don't claim in the latest policy year. Even if you have an accident that wasn't your fault – you're hit by an uninsured driver, or your car gets stolen – you could lose your NCB, and your premium could even go up at renewal.

What happens if you don't report an accident within 24 hours UK? ›

After the 24-hour period in which accidents can be reported has elapsed, the police may arrest a driver who can be interviewed as a suspect and charged on this basis. Both the offences of failing to stop and failing to report can be charged at the same time.

What is the punishment for driving without insurance? ›

Penalties for driving without insurance

You could receive a fixed penalty of £300 and six penalty points on your licence if you are caught driving a vehicle that you are not insured to drive. If the case goes to court you could get an unlimited fine and be disqualified from driving.

How do police detect uninsured drivers? ›

Police cars have automatic number plate recognition things on their cars so it scans immediately for if you don't have a license, insurance, mot etc. Some people drive uninsured.

Can you report someone driving without insurance UK? ›

You can only report a vehicle with no MOT or insurance to the police if it is being used on a road. To make a report, you will need the vehicle's: number plate (registration number) make and model.

How long do you have to claim after an accident? ›

Adult Personal Injury Claims

The general rule for adults who are considering making a claim for personal injury compensation is that you have three years from the date of the accident or incident in which to bring a claim.

What do I do if someone hits my car UK? ›

You should tell the police if you have an accident with someone who's not insured. Your insurance company will also be able to give you more advice. You might also be able to get compensation if you're the victim of an uninsured or hit and run driver.

How much does insurance increase after a claim? ›

If you have claimed on your car insurance, you can expect to pay 20% to 50% more for cover in the future. However, the amount varies depending on who is to blame for the claim, the severity and expense of the accident, and your overall driving record.

What is uninsured driver cover? ›

It's a guarantee that your no claims discount will be reinstated, and your excess will be reimbursed if you're involved in an accident with an uninsured driver. Not all insurance providers offer this, so if it's something you want, check it's included before deciding on a policy.

What happens if the person at fault in an accident has no insurance in Florida? ›

You will probably be assessed a penalty for driving without insurance, such as suspension of your driver's license. The reinstatement fee for a Florida driver's license is around $150, and $500 for subsequent violations, according to the Florida Department of Highway Safety and Motor Vehicles.

What is the untraced drivers Agreement? ›

The Untraced Drivers' Agreement is an inquisitorial process in which MIB is required to investigate claims and present its decision to the claimant, along with the relevant evidence.

What is an untraced driver? ›

An untraced driver is a person who leaves the scene of the accident without leaving their details and are also known as 'hit and run' drivers. Although not always the case, it's often likely that an untraced driver could be driving a stolen or uninsured car so are therefore breaking the law.

Does AA cover uninsured drivers? ›

You can avoid unexpected costs by getting comprehensive cover. And don't forget we offer an Uninsured Driver Promise, meaning if your car is hit by a driver who isn't insured, you won't pay an excess and you won't lose your no claims discount.

How much do uninsured drivers cost the UK? ›

Penalties for uninsured drivers:

The police could give you a fixed penalty of £300 and 6 penalty points if you're caught driving a vehicle you're not insured to drive. If the case goes to court you could get: an unlimited fine.

Will my insurance go up if someone hits me UK? ›

The short answer unfortunately is yes. Regardless of whose fault it was, making a claim will almost always lead to an increase in your car insurance premium.

How do I report an uninsured driver in Florida? ›

Call the Department of Highway Safety and Motor Vehicles, Customer Service Center, at (850) 617-2000.
  1. Received a Letter.
  2. Uninsured Motorist Rate.

Who pays for car damage in a no-fault state Florida? ›

Florida No-Fault Car Insurance Laws

Florida is a no-fault state, which means each driver carries their own insurance to cover medical bills and car repairs up to a certain amount. More specifically,Florida Statutes § 627.736 requires drivers to carry PIP and property damage coverage policies of up to $10,000.

Can you sue someone for no car insurance Florida? ›

Although it may be a long and arduous undertaking, yes, you can sue someone who did not carry any automobile insurance. To do so, you would have to file a lawsuit in Small Claims Court against the uninsured individual.

How long does it take for MIB to pay out? ›

We will make every effort to decide within three months on whether to make a compensation payment. For cases submitted in the Process for Low Value Personal Injury Claims in Road Traffic Accidents, we will aim to make a decision within 6 weeks.

What is an Article 75 insurer? ›

The Article 75 insurer is an insurer who at the time of the accident giving rise to the liability was providing any insurance in respect of the vehicle (other than by reason of a driving other vehicle clause)…from which the liability arose.

Does MIB pay legal costs? ›

21. (1) Where MIB pays an award (but not an interim payment) it shall also pay a contribution ('the contribution'), towards any legal costs incurred by the claimant in seeking advice from a solicitor or advocate regarding the claim and any award made by MIB.

Who can claim from MIB? ›

Who can claim?
  • you are aged 18 or over.
  • the accident happened in England or Wales.
  • the accident happened on or after the 31st May 2021.
  • you were inside a vehicle.
  • you believe the accident was not your fault.

Can you issue proceedings against MIB? ›

As an overview, MIB will investigate claims brought by the victims of allegedly negligent motorists who cannot be traced. As no one responsible can be identified, it is not possible for the claimant to bring court proceedings against any person.

Can I contact MIB? ›

Before you contact us, have you checked our registration guide? You can find this below. If you cannot find the answer to your query, or have any other questions, please send an email to MIBServicessupport@mib.org.uk or you can phone us on 0345 165 2800 between 9am – 5pm Monday to Friday.

Videos

1. Can I sue an uninsured driver?
(LawFull)
2. What Do You Do If An Uninsured Driver Hits You? | The Barnes Firm Injury Attorneys
(The Barnes Firm Injury Attorneys)
3. What Should You Do If You Are Hit By An Uninsured Driver?
(Tippens Zurosky)
4. What Should I Do if I'm Hit by an Uninsured Driver?
(WILLIAMS ELLEBY)
5. What do you do when you've been hit by an Uninsured Driver?
(Burger Law)
6. What to do if you were hit by an uninsured driver?
(The Champion Firm, P.C.)

Top Articles

Latest Posts

Article information

Author: Ouida Strosin DO

Last Updated: 01/20/2023

Views: 5737

Rating: 4.6 / 5 (56 voted)

Reviews: 95% of readers found this page helpful

Author information

Name: Ouida Strosin DO

Birthday: 1995-04-27

Address: Suite 927 930 Kilback Radial, Candidaville, TN 87795

Phone: +8561498978366

Job: Legacy Manufacturing Specialist

Hobby: Singing, Mountain biking, Water sports, Water sports, Taxidermy, Polo, Pet

Introduction: My name is Ouida Strosin DO, I am a precious, combative, spotless, modern, spotless, beautiful, precious person who loves writing and wants to share my knowledge and understanding with you.