What Happens if an Uninsured Driver Crashes My Car
If an uninsured driver hits you, your own policy, not theirs, is usually what pays to fix or replace your car.
Why your own policy ends up paying
When another driver causes a crash, their liability coverage is supposed to pay for your car. An uninsured driver has none, so there's nothing on their side to collect from. The gap gets filled by coverage you already carry, if you carry the right kind.
The coverage that matters here is either uninsured motorist property damage or your own collision coverage, depending on your state and your policy. Uninsured motorist property damage was built exactly for this situation and often comes with a lower or no deductible. Collision coverage works too, but it usually comes with your regular deductible and can affect your claims history differently.
Which one applies, and whether you even have a choice, depends on where you live and what you bought. Some states make uninsured motorist property damage a standard or required part of every policy. Others treat it as optional, so your policy might not include it unless you asked for it. Check your declarations page or call your agent to see what you actually have before you assume either coverage is there.
If you have neither, you're left trying to collect directly from the other driver, which is slow and often doesn't produce much if they had no insurance to begin with. That's the scenario this coverage exists to prevent.
The short version
If an uninsured driver crashes your car, your own uninsured motorist property damage or collision coverage pays for repairs, not theirs. Which one applies depends on your state and your policy, so check your declarations page now. If you don't have either, call your agent before you need it.
What to check on your policy right now
- Uninsured motorist coverage This coverage is built specifically for a crash caused by someone with no insurance. Check if you have it, since some states include it automatically and others don't.
- Collision coverage as backup If you don't have uninsured motorist property damage, collision coverage can still pay for the damage. It usually comes with your regular deductible, so know that number ahead of time.
- Your deductible amount The deductible determines what you pay out of pocket before coverage kicks in. Find it now, not while you're standing next to a damaged car.
- Police report at the scene A police report documenting the other driver had no insurance supports your claim. Get their information and the report even if it feels unnecessary in the moment.
- State rules on this coverage Some states require insurers to offer or include uninsured motorist property damage, others don't. A quick call to your agent tells you exactly where you stand.
Now that you know which coverage protects you from an uninsured driver, compare quotes to make sure you have it.
Carrying this coverage or skipping it
If you do
You file a claim with your own insurer, pay your deductible if there is one, and get your car repaired without waiting on the other driver. Your insurer deals with the hassle of someone who has no coverage. Your rates may or may not rise depending on your insurer's rules, since the fault wasn't yours.
If you don't
You're left asking the uninsured driver to pay out of pocket for repairs. Many can't or won't, and small claims court takes time and doesn't guarantee payment. You could end up covering the damage yourself, on top of the stress of the crash.
Will my rates go up if an uninsured driver hits me?
Often no, since the crash wasn't your fault, but this varies by insurer and state. Many insurers protect your rate when fault lies with someone else, even if you're the one filing the claim. Some don't make that distinction as clearly. Ask your agent directly how a not-at-fault claim involving an uninsured driver is treated before you file, so you know what to expect.
Do I need a police report if the other driver has no insurance?
Yes, get one whenever possible. A police report establishes who was at fault and documents that the other driver lacked insurance, which supports your claim and protects you if the story is disputed later. Some states or insurers may process a claim without one, but having it removes doubt and speeds things up. Call the police at the scene rather than trying to get a report after the fact.
Can I sue an uninsured driver directly for the damage?
Yes, you can, but collecting money is a separate problem from winning a judgment. Someone driving without insurance often doesn't have the money to pay a court judgment either, which is why this route is usually slower and less reliable than using your own coverage. It can still be worth pursuing for larger damages, especially alongside an insurance claim, so ask a local attorney what makes sense for your situation.
