Finding out that the driver who hit you has no insurance is one of the most stressful things that can follow a crash. Most states require drivers to carry liability coverage, but a significant portion of drivers on the road at any time are uninsured.
The Insurance Research Council has estimated that roughly one in eight drivers in the United States is uninsured, with rates in some states considerably higher. Knowing what to do in those first hours and days shapes how much protection you have.
Call the Police and Get a Report Filed
A police report is more important in an uninsured driver crash than in almost any other situation. It creates an official record that the crash occurred, documents the other driver’s information even if they cannot produce insurance, and establishes facts that your own insurer will need to process your claim. If the other driver provides false insurance information or flees the scene, the report and any officer observations are often the only documentation available.
Do not skip calling 911 because the crash seems minor or because the other driver is cooperative at the scene. Cooperation at the scene does not guarantee cooperation afterward, and the absence of a report leaves your claim on much weaker footing.
Understand Uninsured Motorist Coverage
Uninsured motorist (UM) coverage is the primary path to compensation when the at-fault driver has no insurance. It is an optional or mandatory add-on to your own policy, depending on your state, and it covers your bodily injuries when the at-fault driver cannot pay.
Most UM policies cover medical expenses, lost wages, and pain and suffering up to your chosen coverage limit. Some states also require uninsured motorist property damage (UMPD) coverage, which pays for vehicle damage when the at-fault driver is uninsured. Check your policy declarations page to see whether you have UMPD in addition to UM bodily injury coverage.
Filing a UM claim means filing against your own insurer, but your insurer is required to handle it in good faith and cannot penalize you for using coverage you paid for. Most states also prohibit surcharging your premium for a UM claim where you were not at fault.
What If You Do Not Have UM Coverage
If you do not carry uninsured motorist coverage, your options narrow significantly. Your collision coverage, if you have it, pays for damage to your vehicle subject to your deductible, but it does not cover medical expenses or other losses. You would need to pursue the uninsured driver personally through small claims court or civil litigation to recover anything beyond the vehicle.
Pursuing an individual who does not have insurance often produces a judgment that is difficult to collect. Many uninsured drivers also lack meaningful assets. This is the practical reason UM coverage exists and why it is worth carrying even in states where it is not required.
Collecting Information at the Scene
Even without insurance, the other driver is legally required to stop, provide their name and contact information, and, in most states, present a driver’s license. Get as much of the following as possible before anyone leaves the scene:
- Full legal name, phone number, and address
- Driver’s license number and state
- Vehicle make, model, year, color, and license plate
- Names and contact information of any witnesses
- Photographs of the vehicles, the scene, and any damage
If the other driver refuses to provide information or leaves before you can collect it, provide whatever you observed to the responding officer and to your insurer.
Underinsured Motorist Coverage: a Related Scenario
Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance but not enough to cover your damages. If their policy limit is $25,000 and your medical bills are $60,000, your UIM coverage can pay the gap up to your own UIM limit. Many policies combine UM and UIM into a single endorsement. Check your policy to understand both coverages and their limits.
An attorney can help clarify your options after an uninsured or underinsured driver crash and explain whether a personal suit against the driver is realistic or whether your UM/UIM coverage is the more practical path. A free case review is possible with no obligation.
Comparison: Coverage Sources When at-Fault Driver Is Uninsured
| Coverage Type | What It Pays | Notes |
| Uninsured motorist bodily injury (UMBI) | Medical expenses, lost wages, pain and suffering | Subject to your UM policy limit |
| Uninsured motorist property damage (UMPD) | Vehicle repair or replacement | Not available in all states |
| Collision coverage | Vehicle repair or replacement | Subject to your deductible |
| Health insurance | Medical expenses | Does not cover lost wages or pain and suffering |
| Civil judgment against driver | Whatever courts award | Often difficult to collect |
Getting Your Report to Start the Process
Filing a UM claim with your own insurer requires documentation of the crash and evidence that the other driver was uninsured. Your police report is the foundation of that file. File your police report with the help of our team or contact us at (888) 657-1460 for more information.
FAQ: When the Other Driver Has No Insurance
Does the other driver face penalties for having no insurance?
Yes, in most states. Driving without insurance can result in fines, license suspension, vehicle impoundment, or all three. The severity depends on state law.
Can I still get my medical bills paid if the other driver has no insurance?
Yes, through your own UM bodily injury coverage if you have it, your health insurance, or MedPay coverage on your auto policy if it applies in your state.
Will my insurer treat me differently for filing a UM claim?
In most states, insurers are prohibited from surcharging your premium or penalizing you for using UM coverage when you were not at fault. Check your state’s insurance regulations for specifics.
What if the other driver had some insurance but not enough?
That is an underinsured motorist scenario. Your UIM coverage can pay the difference between the other driver’s policy limit and your actual damages, up to your UIM limit.
Should I try to sue the uninsured driver directly?
It is possible, but collecting on a judgment against someone who could not afford insurance is often difficult. Your attorney can help you assess whether that route is practical given the circumstances.
How long do I have to file a UM claim?
Timelines vary by state and by policy terms. Most policies require prompt notice of the crash and of your intent to file a UM claim. Check your policy and contact your insurer as soon as possible after the crash.
Content reviewed by Hernán Beresnak, Lead Editor, Local Accident Reports. Last reviewed: July 2026.
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