Involved in an Accident with an Uninsured Driver?

About one driver in seven on U.S. roads has no insurance: 15.4% in 2023, and 18.0% more had too little. The uninsured share ranges from 5.7% in Maine to 28.2% in Mississippi (Insurance Research Council, February 2025). If one of them hits you, your own policy usually becomes the main source of payment. Here's what to do and who pays.

At the scene

Check for injuries and call the police. A police report is important for an uninsured or hit-and-run claim.
Get the other driver's name, license, plate and vehicle details, even if they say they have no insurance.
Photograph the vehicles, the scene and any injuries, and take witness details.
For a hit-and-run, note anything you can about the car and report it to the police promptly. Many policies require a police report within a set time for hit-and-run claims.
Report the claim to your own insurer as soon as possible.

Which of your coverages pay

Your coverage	What it pays
Uninsured motorist bodily injury	Your and your passengers' injuries, lost income and, in many states, pain and suffering.
Uninsured motorist property damage (in some states)	Damage to your car, often with its own deductible.
Underinsured motorist	The part of your losses above the at-fault driver's limits.
Collision	Damage to your car, whoever was at fault, minus your deductible.
MedPay / PIP	Medical bills, whoever was at fault.

Some states require uninsured motorist coverage; others require insurers to offer it, and you must reject it in writing. Check your declarations page. For each coverage, see understanding car insurance.

If you don't have those coverages

You can sue the uninsured driver, but a driver who can't afford insurance often can't pay a judgment. Some states suspend the uninsured driver's license until damages are paid, which can prompt payment. Health insurance can cover your medical bills. For the car, without collision cover you may be left paying for repairs yourself.

Protect yourself before it happens

Uninsured and underinsured motorist cover is usually inexpensive for what it protects. Matching its limits to your own liability limits is a sensible default. Adding collision closes the gap for your car. See liability vs. full coverage for when that's worth paying for.

Hit-and-run accidents

Most states treat a hit-and-run driver as uninsured, so your uninsured motorist cover can apply. Some states and policies require physical contact with the other vehicle, and many require the police to be notified within a short time. Uninsured motorist property damage for a hit-and-run is more limited in some states. Your collision coverage pays for your car either way, minus the deductible.

Stacking uninsured motorist coverage

In some states you can “stack” uninsured motorist limits: combine the limits for each car on your policy, or across policies, for a single claim. Stacked coverage costs more but can make a big difference after a serious injury. Ask your insurer whether your state allows it and what it would cost.

Uninsured motorist or collision: which to claim on?

For damage to your car, uninsured motorist property damage (where available) often has a lower deductible than collision, but it may cap the amount or require the uninsured driver to be identified. Collision pays regardless, and your insurer may later recover the cost from the uninsured driver. Your adjuster can tell you which applies. Report the claim promptly either way.

Quick answers

Will a claim against my uninsured motorist cover raise my premium? In many states insurers can't surcharge you for an accident you didn't cause, but rules vary. Ask your insurer.

Can I still sue the uninsured driver? Yes, and your insurer may do so itself to recover what it paid you.

Written by the CarInsuranceHub.com editorial team. Last updated September 2026. Rules on uninsured motorist claims vary by state; your insurer and state department of insurance can confirm what applies.