Quick Answer: Your Own Insurance May Be Your Best Protection
If you’re hit by an uninsured driver, your options depend entirely on what coverage you carry. Uninsured Motorist (UM) coverage is your primary protection — it steps in where the at-fault driver’s nonexistent insurance should have. Without it, you may be left paying out of pocket for someone else’s mistake. Roughly 1 in 7 U.S. drivers is uninsured, and in some states the number climbs above 1 in 4. The wise move: make sure you have UM coverage before you need it.
Key Takeaways
- About 14% of U.S. drivers are uninsured — roughly 1 in 7 on the road right now.
- Uninsured Motorist (UM) coverage pays your medical bills and lost wages when an uninsured driver hits you.
- Collision coverage can cover your vehicle repairs after an uninsured driver accident, minus your deductible.
- Suing the uninsured driver is possible but rarely results in actual payment — most are “judgment-proof.”
- Hit-and-run accidents are typically covered under UM coverage in most states.
- Don’t accept cash on the spot — you don’t yet know the full extent of your injuries or damage.
What This Guide Covers
- How common are uninsured drivers?
- What happens right after the accident
- How uninsured motorist coverage works
- What about collision coverage?
- Can you sue an uninsured driver?
- What is underinsured motorist (UIM) coverage?
- Hit-and-run accidents
- Will filing a UM claim raise your rates?
- Step-by-step: what to do after the accident
- Frequently asked questions
How Common Are Uninsured Drivers?
More common than most people realize. According to the Insurance Research Council, approximately 14% of U.S. drivers — roughly 1 in 7 — carry no auto insurance at all. In some states, the number is significantly higher:
- Mississippi: ~29% uninsured
- Michigan: ~25% uninsured
- Tennessee: ~23% uninsured
- New Mexico: ~21% uninsured
- Washington: ~21% uninsured
- California: ~17% uninsured
That means at any given red light, there’s a meaningful chance one of the cars around you has no insurance. This isn’t a rare edge case — it’s an everyday risk that the right coverage can protect you from.
What Happens Right After the Accident
Here’s the scenario: you’re stopped at a light and someone rear-ends you. You’re shaken, your car is damaged, and when you exchange information, the other driver admits they have no insurance — or hands you a card that turns out to be expired or fake.
Your first instinct might be to call their insurer. But there is no insurer to call.
At this point, your options depend entirely on the coverage you carry. This is the moment UM coverage was designed for.
How Uninsured Motorist Coverage Works
Uninsured Motorist (UM) coverage is your primary financial protection when an at-fault driver has no insurance. Your own insurance company steps in and covers what the other driver should have paid.
There are two types:
Uninsured Motorist Bodily Injury (UMBI)
Covers medical expenses, lost wages, and in some states, pain and suffering — for you and your passengers — when an uninsured driver injures you. This is the most important piece of UM coverage.
Uninsured Motorist Property Damage (UMPD)
Covers damage to your vehicle caused by an uninsured driver. Not available in all states, and where it is available, it may come with a deductible.
Is UM Coverage Required?
It depends on your state. Some states require it; others make it optional. Even where it’s optional, most insurance experts strongly recommend carrying it — the cost is relatively low and the protection is significant.
| Coverage Type | What It Covers | Available In |
|---|---|---|
| UMBI | Medical bills, lost wages, pain & suffering | Most states (required in many) |
| UMPD | Vehicle repairs/replacement | Many states (not all) |
What About Collision Coverage?
If you carry collision coverage, it can also pay for vehicle repairs after an accident with an uninsured driver — regardless of fault. The catch: you’ll pay your deductible first.
So if your deductible is $500 and repairs cost $4,200, you pay $500 and your insurer covers the rest. It’s not ideal, but it’s far better than covering the entire bill yourself.
Where UMPD is available, it often comes with a lower deductible than collision — which is why having both gives you the most flexibility after an uninsured driver accident.
Can You Sue an Uninsured Driver?
Technically, yes. Practically, it’s complicated.
You can file a lawsuit against the at-fault uninsured driver and potentially win a judgment. The problem is collecting. Someone who couldn’t afford insurance often has limited assets or savings. This is sometimes called a “judgment-proof” defendant — you win on paper, but you never see the money.
That’s why relying on your own UM coverage is almost always the faster, more reliable path to actual compensation. Lawsuits take time, cost money, and frequently result in uncollectible judgments when the other party has no resources.
What Is Underinsured Motorist (UIM) Coverage?
Closely related to UM coverage is Underinsured Motorist (UIM) coverage. This kicks in when the at-fault driver has insurance — but their policy limits aren’t high enough to cover your full damages.
For example: your medical bills total $90,000 after a serious accident, but the at-fault driver only carries $25,000 in liability coverage. Your UIM coverage bridges the gap — up to your own policy limits.
UM and UIM are often sold together as a package and are among the most underrated coverages on any auto policy. If you have one, make sure you have both.
What About Hit-and-Run Accidents?
Good news: in most states, uninsured motorist coverage also applies to hit-and-run accidents where the at-fault driver flees and can’t be identified.