Am I Covered if Hit by an Uninsured Driver
You're covered for injuries and often your car if you carry uninsured motorist coverage, which many states require or offer by default.
Your own policy steps in where their insurance doesn't exist
When the other driver has no insurance, there's nothing on their end to pay your claim. Your policy covers this gap through uninsured motorist coverage, which is a part you buy or are given automatically depending on where you live. It pays as if the uninsured driver had a policy of their own, using your limits instead of theirs.
This coverage usually splits into two kinds. One pays for injuries to you and your passengers. The other, often called uninsured motorist property damage, pays to fix or replace your car. Not every state requires both, and not every policy includes both automatically, so what you're covered for depends on what you bought and what your state mandates.
There's also a related coverage for drivers who have insurance but not enough to cover what you're owed. That's underinsured motorist coverage, and it works the same way, stepping in to cover the difference. Some states bundle these together under one name, others split them out, so the label on your policy may not match the label your state uses in its laws.
Where this gets complicated is when your own health insurance, medical payments coverage, or collision coverage could also apply. Depending on your state and your policy, you may have more than one way to get paid, and the order in which they pay can matter. If you're not sure which coverages you have or how they interact, your policy declarations page will list them by name, and that's the place to start before you assume anything.
What if I don't have uninsured motorist coverage at all?
If you don't carry it and the other driver has no insurance, you're left paying for your own injuries and damage out of pocket, unless you have other coverage that applies, like collision coverage for your car or health insurance for injuries. Collision coverage will usually require you to pay your deductible first, and it won't cover anything beyond your car itself.
This is why many drivers add uninsured motorist coverage even when their state doesn't require it. It tends to cost relatively little compared to what it protects against, especially in areas where uninsured driving is common. If you're deciding whether to add it, check what your state requires first, then decide if you want more than the minimum.
The other driver's insurance was never going to protect you. Your own policy is what actually does that job.
Once you know what your policy covers for this situation, compare quotes to see what it would cost to close any gaps.
Carrying uninsured motorist coverage versus going without it
If you do
If you're hit by someone with no insurance, you file a claim with your own insurer under your uninsured motorist coverage. They investigate the crash, confirm the other driver was uninsured, and pay out for your injuries and, if you have it, your car damage, up to your policy limits.
If you don't
If you're hit by someone with no insurance, you have no uninsured motorist coverage to fall back on. You'd need to rely on health insurance for injuries or collision coverage for your car, paying any deductibles yourself, or cover the costs directly, which can be significant after a serious crash.
A rear-end crash with no insurance behind it
You're stopped at a light and the car behind you doesn't stop in time. The other driver admits fault at the scene, but when you exchange information, their insurance card has expired and they haven't renewed it. The police report notes the crash but can't make their insurance exist. You call your own insurer the same day to start a claim under your uninsured motorist coverage instead of waiting to see if the other driver pays out of pocket.
Your insurer confirms the other driver had no active policy at the time of the crash. Because you carry both injury and property damage uninsured motorist coverage, they cover your medical treatment and the cost to repair your car, treating the claim much like they would if the other driver had been insured. You pay your deductible if your policy has one for this coverage, and the claim resolves in weeks rather than dragging out while you wait on someone with no insurance and no means to pay.
Does my insurance rate go up if I use uninsured motorist coverage?
Usually not, since the crash wasn't your fault and many insurers don't surcharge no-fault claims the same way they do at-fault ones. This varies by insurer and state, so check your policy or ask directly. If you're worried about this, it's worth confirming before you file, though most states have rules limiting rate increases for claims where you weren't at fault.
Can I sue the uninsured driver directly instead of using my insurance?
Yes, you can sue them personally for damages, but collecting payment depends entirely on whether they have money or assets worth pursuing. Many uninsured drivers are uninsured because they can't afford coverage, which often means a judgment against them is hard to collect. That's why most people use their own uninsured motorist coverage first, since it pays regardless of the other driver's finances.
What counts as an uninsured driver for this coverage to apply?
It includes drivers with no policy at all, but also often hit-and-run drivers who can't be identified, since there's no insurance to pursue either way. Some policies and states also extend it to stolen vehicles or policies canceled before the crash. Check your policy's definition section, since the exact wording determines what situations qualify.
