Your own insurance company handles the claim, not the other driver's
When an uninsured motorist hits you, you file a claim with your own insurance company, not with anyone representing the other driver. Your insurer investigates, determines fault, and pays you under the uninsured motorist coverage you purchased as part of your policy. This is different from a standard liability claim, where you would pursue the at-fault driver's insurance.
The other driver's lack of insurance does not change who pays — it changes the source of payment. Instead of their insurer writing the check, yours does. Your insurance company will still investigate the accident, gather evidence, and make a information about who was at fault. If you were hit by an uninsured driver and you have uninsured motorist coverage, you report the accident to your own insurer and begin the claims process with them.
Key Takeaways
- You file your uninsured motorist claim with your own insurance company, using the same process as any other liability claim.
- Your insurer will investigate the accident, interview witnesses, and review police reports to determine fault.
- If the uninsured driver is found at fault, your insurance pays your medical bills, lost wages, and vehicle damage up to your policy limits.
- You may also pursue the uninsured driver directly in small claims court or civil court, though collecting a judgment is often difficult.
- If you do not have uninsured motorist coverage, you have limited recovery options and may need to pursue the driver through the court system.
What your insurance company does during the investigation
Your insurer assigns a claims adjuster to your case. That adjuster's job is to determine whether the uninsured driver was at fault and, if so, how much your claim is worth. They will request the police report, interview you and any witnesses, obtain medical records if you were injured, and get repair estimates for your vehicle. They may also contact the uninsured driver to gather their account of the accident.
The adjuster is working for your insurance company, not for you, though your interests usually align — if the other driver was clearly at fault, paying your claim is cheaper for the insurer than defending a lawsuit. Once the investigation is complete, the adjuster will make a information about liability and calculate the amount owed under your policy limits. If you disagree with their decision, you have the right to dispute it, which may involve hiring your own attorney or pursuing the claim through your state's insurance dispute process.
How much your insurance will pay
Your uninsured motorist coverage has a policy limit — the maximum amount your insurer will pay for any single accident. This limit is separate from your liability coverage limit and is set when you purchase your policy. Common limits range from $25,000 to $100,000 per person, though the exact range varies by state and insurer. Your actual payout cannot exceed this limit, even if your damages are higher.
What your insurance covers includes medical expenses, lost wages, pain and suffering, and vehicle repair or replacement. If you have medical payments coverage on your policy, that may pay some medical bills first, with uninsured motorist coverage covering the remainder. If your damages exceed your policy limit — for example, if you have $50,000 in medical bills but only a $25,000 uninsured motorist limit — you can pursue the uninsured driver directly in court for the difference, though collecting from someone without insurance is difficult.
Pursuing the uninsured driver directly in court
Even after your insurance company pays your claim, you have the right to sue the uninsured driver yourself for any damages that exceed your policy limit. You can file in small claims court if your damages are below your state's small claims limit (typically $5,000 to $15,000, depending on the state), or in civil court for larger amounts. You will need to prove the driver was at fault, which usually means presenting the police report, witness statements, and evidence of your injuries or property damage.
The challenge with suing an uninsured driver is collecting the judgment. Even if you win in court, the driver may have no assets or income to seize. Some states allow you to place a lien on the driver's property or garnish their wages, but enforcement is slow and uncertain. Many people find that the cost of hiring an attorney to pursue a judgment exceeds what they can realistically recover. Small claims court allows you to represent yourself without an attorney, which reduces costs but requires you to present your own case.
What happens if you do not have uninsured motorist coverage
If you did not purchase uninsured motorist coverage when you bought your policy, you have no claim against your own insurer. Your only option is to pursue the uninsured driver directly through the civil or small claims court system. This means you must hire an attorney (or represent yourself in small claims court), prove the driver was at fault, and then attempt to collect a judgment from someone who likely has no insurance and few assets.
Some states require insurers to offer uninsured motorist coverage, though you can decline it in writing. Other states make it optional. If you were hit by an uninsured driver and have no coverage, you may be able to file a claim with your state's uninsured motorist fund if one exists, though these funds are limited and have strict requirements. Check your state's insurance commissioner's office or your state's Department of Insurance to learn whether such a fund is available.
The difference between uninsured and underinsured motorist coverage
Underinsured motorist coverage handles a different situation: the at-fault driver has insurance, but their policy limit is too low to cover your damages. For example, if the other driver has a $25,000 liability limit but your medical bills are $60,000, your underinsured motorist coverage pays the difference (up to your underinsured motorist limit). You still file the claim with your own insurer, and the process is similar to an uninsured motorist claim.
Many policies combine uninsured and underinsured motorist coverage into a single limit, though some allow you to set them separately. If you have only uninsured motorist coverage and are hit by a driver with low liability limits, you cannot use your uninsured motorist coverage — you would need to pursue the other driver's insurer for their policy limit and then sue the driver personally for the remainder. Understanding the difference helps you decide what coverage limits make sense for your situation.
When you need an attorney for an uninsured motorist claim
Most uninsured motorist claims are handled entirely between you and your insurance company, and you do not need an attorney. However, an attorney becomes useful if your insurer denies your claim, offers significantly less than you believe your damages are worth, or if your damages exceed your policy limit and you want to pursue the uninsured driver in court. An attorney can review the insurer's investigation, challenge their findings, and negotiate a higher settlement.
If you were seriously injured, an attorney can also help you calculate the full value of your claim, including future medical care, permanent disability, and non-economic damages like pain and suffering. Many personal injury attorneys work on contingency, meaning they take a percentage of your settlement rather than charging an hourly fee. This arrangement makes it easier to afford representation, though it also means the attorney has an incentive to settle quickly rather than pursue the case aggressively. Ask any attorney you consult what percentage they charge and whether they have experience with uninsured motorist claims in your state.
Frequently Asked Questions
Can I sue the uninsured driver even if my insurance company already paid my claim?
Yes. After your insurer pays your claim, they may pursue the uninsured driver themselves to recover what they paid — a process called subrogation. You can also sue the driver directly for any damages that exceed your policy limit. However, if your damages are fully covered by your insurance, you may have little incentive to sue, since the driver likely has no assets to collect from.
What if the police report says the other driver was at fault but my insurance company disagrees?
Your insurer makes its own information of fault based on the evidence, which may differ from the police report. The police report is not binding on insurance companies. If you disagree with your insurer's decision, you can request a review, provide additional evidence, or file a complaint with your state's insurance commissioner. You may also hire an attorney to challenge the decision.
Do I have to report the accident to the police if the other driver is uninsured?
You should report any accident to the police, regardless of whether the other driver is insured. A police report creates an official record of the accident, which helps your insurance company investigate and strengthens your claim. In some states, leaving the scene of an accident without reporting it is illegal. Always call the police and get a report number.
What if the uninsured driver admits fault but has no money to pay me?
If you have uninsured motorist coverage, your insurance pays regardless of the driver's financial situation. If you do not have this coverage and the driver has no assets, you may win a judgment in court but have difficulty collecting it. Some states allow wage garnishment or property liens, but these are slow processes. This is why uninsured motorist coverage is important — it protects you when the at-fault driver cannot pay.
Does my uninsured motorist coverage explore if a hit-and-run driver hits me?
Yes, in most states. A hit-and-run is treated as an uninsured motorist claim because you cannot identify the other driver's insurance. You will need to report the accident to the police and provide your insurer with the police report number. Some insurers require you to make a reasonable effort to identify the hit-and-run driver, but if you cannot, your uninsured motorist coverage should still explore.