What Happens If Someone Hits Me and Doesn’t Have Insurance?
If someone hits you and doesn’t have car insurance, you may still have coverage through your own auto insurance policy. Uninsured motorist coverage is designed to help protect you when an at-fault driver has no insurance, although exactly what is covered depends on your policy, your insurance carrier, and the laws in your state.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage, often called UM coverage, can help when you’re involved in an accident caused by a driver who doesn’t have liability insurance.
Depending on your policy and state, uninsured motorist coverage may help with:
- Medical expenses resulting from the accident
- Lost wages related to covered injuries
- Other injury-related damages
- Damage to your vehicle or other property, when applicable
Coverage limits, deductibles, exclusions, and how property damage is handled can vary by policy and state.
Do I Have to Pay a Deductible If an Uninsured Driver Hits Me?
Possibly. Being hit by an uninsured or underinsured driver does not necessarily mean you won’t have a deductible.
A deductible may apply when you make a claim under certain portions of your own policy, particularly when the claim involves damage to your vehicle.
For example, if damage to your vehicle is handled under collision coverage, your collision deductible may apply. If your policy provides uninsured or underinsured motorist property damage coverage, a separate deductible may apply depending on your policy and state.
This means you could potentially be responsible for a deductible even when the accident was caused by someone else.
The deductible amount—and whether one applies at all—depends on the coverage being used, your policy, your insurance carrier, applicable state law, and the circumstances of the accident.
Your insurance company may also attempt to recover money from the responsible driver or their insurer through a process known as subrogation. Whether any deductible you paid can ultimately be recovered will depend on the circumstances of the claim.
What Should I Do If an Uninsured Driver Hits Me?
Even if the other driver tells you they don’t have insurance, treat the accident like any other collision.
If it is safe to do so:
- Document the accident scene.
- Take photos of the vehicles and damage.
- Exchange contact and vehicle information.
- Contact law enforcement when appropriate.
- Report the accident to your insurance company or insurance agent as soon as possible.
Your insurance carrier can review the accident and determine which coverages on your policy may apply.
What If the Driver Has Insurance, But Not Enough?
This is where underinsured motorist coverage may come into play.
An underinsured driver has insurance, but their liability limits may not be enough to cover the damages resulting from an accident.
Depending on your policy and applicable state law, underinsured motorist coverage may help with certain remaining covered damages. A deductible may also apply to an underinsured motorist claim, particularly when property damage is involved, depending on the coverage and policy.
How Can I Protect Myself From Uninsured Drivers?
Don’t wait until an accident happens to find out how your policy works. Review your uninsured and underinsured motorist coverage ahead of time.
Ask your insurance agent:
- What are my uninsured motorist limits?
- Do I have underinsured motorist protection?
- How would damage to my vehicle be handled?
- Would I have to pay a deductible?
- What are my collision and uninsured motorist deductibles?
- Are my current coverage limits appropriate for my needs?
Understanding these answers before a claim can help you know what to expect if you’re ever hit by a driver who doesn’t have enough—or any—insurance.
Have Questions About Your Auto Insurance?
Staples & Associates Insurance helps individuals and families better understand their auto insurance coverage and identify potential gaps before a loss occurs.
If you’re unsure how your policy would respond if you’re hit by an uninsured or underinsured driver, contact Staples & Associates Insurance to review your current coverage.
Serving insurance clients throughout Maryland and Delaware.
Disclaimer: Coverage varies by insurance carrier, policy, state, circumstances of the loss, endorsements, limits, deductibles, and exclusions. This information is provided for general educational purposes and is not a guarantee of coverage. Please refer to your policy and contact your insurance professional for information specific to your coverage.
