Key Takeaways
When hit by an uninsured driver, your immediate actions and insurance coverage determine whether you’ll recover compensation or face thousands in out-of-pocket expenses.
• Document everything immediately: Take photos, get police reports, and collect driver information – these steps are crucial for successful insurance claims.
• Uninsured motorist coverage is your best protection: This coverage pays for damages when at-fault drivers have no insurance, covering both injuries and property damage.
• Avoid cash settlements from uninsured drivers: Hidden injuries and additional damage often surface later, making official insurance processes safer than informal agreements.
• Suing uninsured drivers rarely works: Most uninsured motorists lack valuable assets, making them “judgment-proof” even if you win in court.
• Review your policy now: Nearly 15% of drivers are uninsured – adding UM/UIM coverage before an accident could save you thousands in future expenses.
Without proper coverage, you’ll likely pay all costs upfront and face years of uncertain collection efforts, even with favorable court judgments. About 15% of motorists nationwide were uninsured in 2023. Roughly 1 in 7 drivers on the road has no insurance to cover damages if they cause an accident.
What happens if you get hit by an uninsured driver? The answer depends on your coverage, the other driver’s assets and the steps you take after the crash.
This piece walks you through what to do if hit by uninsured driver. You’ll learn how to document the scene and file claims with your insurance. We’ll also cover your options if you don’t have uninsured underinsured motorist coverage and explain how to protect yourself financially.
What to Do Immediately After Being Hit by an Uninsured Driver
Your actions in the first few minutes after a collision with an uninsured motorist can determine whether you recover compensation or face thousands in out-of-pocket costs. Follow these steps to protect yourself:
- Check for injuries and call 911. Look at yourself and passengers for injuries, even those that aren’t obvious right away. Call emergency services right away if anyone is hurt. Move your vehicle out of traffic if possible and turn on hazard lights.
- Report the accident to police. Always file a police report when hit by an uninsured driver. This creates an official record that supports your insurance claim. Stick to facts when speaking with officers and avoid speculation. Request a copy of the report once available.
- Exchange information with the other driver. Collect their name, contact details, driver’s license number, license plate, and vehicle information. Notify police right away if they refuse to cooperate or leave the scene.
- Document everything. Use your phone to photograph vehicle damage from multiple angles, road conditions, and visible injuries. Capture the accident location and any debris on the ground.
- Don’t accept cash payments. An uninsured motorist may offer to pay out of pocket, but costs often increase if injuries or additional damage appear later. Official insurance processes protect you better than informal agreements.
Understanding Your Insurance Coverage Options
Two coverage types step in to protect you at the time an uninsured motorist hits you. Uninsured motorist coverage (UM) pays when a driver has no insurance. Underinsured motorist coverage (UIM) handles situations where the at-fault driver lacks sufficient coverage to pay for damages.
Nearly 13% of drivers countrywide don’t have auto insurance. That number exceeds 20% in some states.
These coverages split into four categories. Uninsured motorist bodily injury (UMBI) covers medical bills for you and passengers. Uninsured motorist property damage (UMPD) pays for vehicle repairs. Underinsured motorist bodily injury (UIMBI) and underinsured motorist property damage (UIMPD) function in a similar way but apply when the other driver carries insufficient coverage.
Does uninsured motorist cover hit and run accidents? Yes, you can file a claim against your UM coverage if a driver flees. But UMPD won’t cover hit-and-run incidents in some states and requires collision coverage instead.
Around half of states mandate at least one form of UM/UIM coverage. Some require only bodily injury protection. States without mandates offer these coverages as optional add-ons.
UMPD and UIMPD generally require deductibles, while UMBI and UIMBI don’t. Your UM/UIM limits usually can’t exceed your liability coverage limits.
What Happens If You Get Hit by an Uninsured Driver Without Coverage
Without uninsured underinsured motorist coverage, your recovery options narrow considerably. Collision coverage may pay for vehicle damage, while personal injury protection handles medical expenses related to the accident. If you lack these coverages altogether, you’ll pay for repairs, medical bills and rental cars out of pocket, then attempt to recover costs from the at-fault driver.
You can sue an uninsured driver to recover damages. But most people who skip insurance lack valuable assets to collect against. Texas provides strong protections like homestead exemptions that shield primary residences from judgments. Many uninsured drivers are “judgment-proof,” meaning they have insufficient resources to pay even if you win in court.
Collection efforts can stretch for years and remain uncertain despite favorable rulings. A lawsuit makes sense only if the driver owns assets or maintains steady income. Your attorney can assess whether pursuing legal action will yield meaningful compensation or generate legal expenses without recovery.
Insurance companies may pursue subrogation in these cases, stepping into your position to seek reimbursement from the at-fault driver. Collecting actual payment remains difficult when drivers lack employment or assets, even after winning judgments. Legal assistance becomes vital for navigating state-specific laws, identifying all available coverage options and determining the viability of direct legal action against the uninsured motorist.
Conclusion
Getting hit by an uninsured driver can leave you facing major expenses. Taking the right steps protects your financial future though. Document everything at the scene and file a police report. Contact your insurance right away.
Uninsured motorist coverage is your strongest defense against these situations. You’ll struggle to recover costs even through lawsuits without it. If you’ve been hit by an uninsured driver and aren’t sure what your coverage allows, an experienced personal injury attorney can review your options and fight for the compensation you’re owed. Review your policy today. Add UM/UIM coverage if you don’t have it. That small investment could save you thousands later.