Hit by an Uninsured Driver? What to Do Next
Car accident claims · When the claim gets complicated
Written by
Settlement Scout editorial team
Checked against
official sources, linked
Key takeaways
About 14.0% of US drivers carried no insurance in 2022, the most recent year measured (Insurance Research Council, 2023 study, via the Insurance Information Institute). If one of them hits you, your claim generally runs through your OWN policy's uninsured motorist (UM) coverage, not theirs, because there's no other insurer to collect from. UM coverage is mandatory in roughly 20 states. Elsewhere, insurers must offer it, but you can turn it down, so check your policy before you assume you're covered.
On this page
This guide, at a glance
Uninsured motorist (UM) vs. underinsured motorist (UIM) coverage
Is this coverage required where you live?
How common is this, really?
How we checked this guide
We wrote this from the source listed under “Article sources” below, and last reviewed it on Sep 26, 2026. Where we could not confirm a figure against an official source, the page says so.
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Uninsured motorist (UM) vs. underinsured motorist (UIM) coverage
Both pay out of your own policy, and both typically require you to have carried the coverage before the crash. You can't add it after you've already been hit.
- UM coverage pays when the at-fault driver has no insurance at all, or when they flee the scene in a hit-and-run.
- UIM coverage pays when the at-fault driver has insurance, but their policy limit is too low to cover your damages.
Is this coverage required where you live?
Rules vary by state. About 20 states require drivers to carry UM/UIM coverage outright. In the rest, insurers are required to offer it to you when you buy a policy, but the choice to accept or decline it is yours. That single difference explains why so many injured drivers discover, only after a crash, that they never had this coverage at all. Pull your own declarations page or call your agent to confirm what you're actually carrying, since your state's minimum rule doesn't tell you what's on your specific policy.
How common is this, really?
| Year | National uninsured rate |
|---|---|
| 2019 | 11.1% |
| 2020 | 13.9% |
| 2021 | 14.2% |
| 2022 | 14.0% |
Source: Insurance Research Council, 2023 study, via the Insurance Information Institute.
The rate varies sharply by state. In 2022, the highest uninsured rates were in Washington, D.C. (25.2%), New Mexico (24.9%), Mississippi (22.2%), Tennessee (20.9%), and Michigan (19.6%). The lowest were in Wyoming (5.9%), Maine (6.2%), Idaho (6.2%), Utah (7.3%), and New Hampshire (7.8%).
What to do at the scene
- Call the police anyway, even if the other driver says they have no insurance. An official report documents fault regardless of who can pay for it.
- Photograph the damage, the full scene, and both license plates.
- Get the other driver's name and contact information even if they claim to be uninsured. Coverage status is sometimes wrong, and a lapsed policy can still exist.
- Get witness names and phone numbers before anyone leaves.
- Notify your own insurer promptly. UM claims often carry their own notice requirements written into the policy, so don't wait to report it.
Filing a UM claim against your own insurer
The process is adversarial in miniature. Your own insurer effectively steps into the shoes of the at-fault driver to evaluate your damages, even though you've been paying them premiums for exactly this situation. They still owe you a fair, good-faith review, but the negotiation itself works the same way it would against any other driver's insurer: they're not automatically on your side just because you're their customer.
Hit-and-run accidents
If the driver fled, UM coverage typically still applies, but insurers usually want independent evidence the crash happened the way you describe it, since there's no other driver's account to compare against. That's why a police report, photos, and any witness statements carry more weight in a hit-and-run than in almost any other type of claim.
Sources
- Insurance Information Institute, "Background on: Compulsory Auto/Uninsured Motorists." National uninsured rate: 14.0% in 2022 (2023 Insurance Research Council study). State-by-state 2022 figures. About 20 states mandate UM/UIM coverage; others require insurers to offer it. Fetched 26 Sep 2026. https://www.iii.org/article/background-on-compulsory-auto-uninsured-motorists
Settlement Scout is not a law firm and this is not legal advice.
Frequently asked questions
What happens if I'm hit by a driver with no insurance?
Your claim generally goes through your own policy's uninsured motorist (UM) coverage, if you carry it, since there's no other driver's insurer to pay. Notify your own insurer promptly and check your declarations page to confirm you have UM coverage before you assume it.
Is uninsured motorist coverage required by law?
It depends on your state. Roughly 20 states require drivers to carry UM/UIM coverage. In other states, insurers must offer it to you, but you can decline it, so some drivers go without it entirely.
What's the difference between UM and UIM coverage?
Uninsured motorist (UM) coverage pays when the at-fault driver has no insurance at all, including a hit-and-run. Underinsured motorist (UIM) coverage pays when they have insurance, but their limit is too low to cover your damages.
Can I still file a claim after a hit-and-run?
Usually yes, through your UM coverage, but insurers typically want independent evidence the crash happened as reported, since there's no other driver to confirm it. A police report and any witness statements matter more in a hit-and-run than in almost any other claim.
Will filing a UM claim raise my own insurance rates?
It can, depending on your insurer and state, even though you weren't at fault. Ask your agent directly how a UM claim is treated before you decide whether to file.
How many drivers on the road are actually uninsured?
About 14.0% nationally in 2022, the most recent year measured, according to a 2023 Insurance Research Council study cited by the Insurance Information Institute. Rates vary widely by state, from under 6% in Wyoming to over 25% in Washington, D.C.
About the authors
Settlement Scout editorial team
We write from official sources (state agencies, legislatures and insurers' own pages) and link each one. We are not a law firm and this is not legal advice.
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