What Happens If an Uninsured Driver Hits Me?
Short answer
If you carry Uninsured Motorist (UM) coverage, your own policy pays for your injuries, up to the UM limit, with no deductible for the bodily-injury portion. In states that offer Uninsured Motorist Property Damage (UMPD), your car can be covered under UMPD as well, often with a smaller deductible than collision. If you don’t have UM, your collision coverage pays for your car minus the deductible, and your injuries are handled by your health insurance or (if you have it) MedPay. The deductible on collision may be refunded later through subrogation if the at-fault driver is identified and has recoverable assets.12
What actually determines who pays
- Whether you have UM/UIM. This is the single most important variable. UM is the designed coverage for this exact situation; without it, you rely on collision (for the car) and health insurance or MedPay (for injuries)1.
- Whether UMPD is available in your state. Many states offer UMPD; others do not. In states without UMPD, car damage from an uninsured driver flows through collision3.
- Whether the driver can be identified. Identified uninsured driver vs anonymous hit-and-run changes which coverages respond and how the deductible refund path works.
- Your state’s rules. UM is mandatory in some states, must-be-offered-in-writing in others, and optional in a few. Deductible-waiver rules (CDW in CA / MA, etc.) also vary.
- Your deductibles. UM bodily injury typically has no deductible. UMPD often has a smaller deductible. Collision is deductible-based regardless of fault.
What to do immediately after the crash
- Call 911 if anyone is injured. Request police and medical response. A police report is essential for any UM or hit-and-run claim later.
- Try to identify the other driver. If they stop, exchange license, registration, and insurance information (even if they claim to be uninsured). Photograph their license plate, license, and the vehicle. If they attempt to leave, it’s a hit-and-run; try to get the plate and vehicle description.
- Document the scene. Photos of both vehicles, damage, license plates, scene from multiple angles, road conditions, traffic signals. Witness names and contact information if available2.
- Get a copy of the police report number before leaving the scene. The report itself usually takes a few days to be available; the number lets you reference the incident.
- Call your own insurance company. Open a claim as soon as practical. State clearly whether the other driver was uninsured or hit-and-run; this determines which coverage opens.
- Seek medical evaluation if there is any possibility of injury, even if you feel fine. In no-fault states, deadlines like Florida’s 14-day rule can apply.
Which coverage pays, by scenario
| Scenario | Who pays | What to watch |
|---|---|---|
| Driver identified; you have UM/UIM coverage | UM pays for your bodily injuries and (in states that offer it) your car under UMPD. UM typically has no deductible for bodily-injury coverage. | UMPD (property damage portion) is not available in every state. In states where it isn't, your car damage goes through collision. |
| Driver identified; you have collision but not UM/UIM | Collision pays for your car (minus deductible). You have no first-party coverage for your injuries. | Medical costs come from your health insurance or MedPay if you have it. Your deductible may be refunded through subrogation if the at-fault driver has recoverable assets or is later identified as insured. |
| Hit and run; driver unidentified; you have UM | In most states, hit-and-run is treated as an uninsured-motorist event for UM bodily-injury coverage, which pays for your injuries. | For your car damage, UMPD (where available) may require the driver to be identified. Otherwise collision applies and your deductible is harder to recover without an identified at-fault party. |
| Hit and run; driver unidentified; you have collision only | Collision pays for your car minus the deductible. No first-party coverage for injuries except from MedPay or health insurance. | Collision Deductible Waiver (CDW) endorsements exist in California, Massachusetts, and a few other states, waiving the deductible for qualifying not-at-fault losses. Without CDW, the deductible stands unless the driver is later identified. |
| Underinsured driver (has coverage but not enough) | The at-fault driver's liability pays up to their policy limit. UIM (if you have it) picks up the gap between their limit and your UIM limit for your bodily injuries. | UIM in some states triggers only when the at-fault driver's limit is below your UIM limit; in other states it triggers on exhaustion of the at-fault limit regardless. Verify with your state DOI. |
The deductible question specifically
Whether you pay a deductible depends on which coverage is paying for your car damage:
- UM for bodily injury: typically no deductible. The full UM limit is available for your injuries.
- UMPD (where available): typically a small deductible (often $200 to $500 depending on the state and policy).
- Collision: your chosen deductible ($250 to $2,500 typically) applies regardless of fault.
- Collision Deductible Waiver (CDW) endorsement: available in California and Massachusetts (and offered in a handful of other states) as an optional endorsement that waives the collision deductible when you’re hit by an identified uninsured driver4. Not available for hit-and-run typically, because you need to identify the uninsured driver.
Even if you pay the deductible initially, your insurer may recover it through subrogation against the at-fault driver if they have identifiable assets or are later shown to be insured. See our subrogation and deductible recovery guide for how the refund path works.
Why UM/UIM is almost always worth carrying
UM / UIM is designed for exactly this situation. The Insurance Information Institute estimates that roughly one in eight U.S. drivers is uninsured; in some states that share is substantially higher1. UM / UIM gives you first-party protection against the risk that the person who hits you can’t pay. Three practical points:
- UM / UIM is often required or offered-in- writing by state law. If your state requires carriers to offer it, you must have signed a written rejection to decline it. Many drivers who think they don’t have UM actually do, because they never rejected it in writing.
- The premium delta is usually small. Adding or raising UM / UIM to match your bodily- injury liability limits is one of the cheapest coverage upgrades on a policy relative to the asset protection it provides.
- UM / UIM limits should match your BI limits. UM / UIM at low limits with a high BI limit is a common asymmetry: you’re protected against claims by others at 100/300 but only against your own uninsured-driver loss at 25/50. The simplest correction is to match the two.
State variation worth knowing
- UM required or must-be-offered. Most U.S. states require carriers to offer UM; the insured can reject in writing in some. A smaller set of states (Massachusetts, New Hampshire, Virginia under specific provisions, and others) have specific rules worth checking with your state DOI.
- UMPD availability. UMPD is offered in many states but not all. Virginia, for example, has its own structure; some states have no UMPD at all. In states without UMPD, collision is the car-damage path against uninsured drivers3.
- Collision Deductible Waiver. CDW is most prominent in California and Massachusetts; additional states offer limited versions. The CDW waiver typically requires the uninsured at-fault driver to be identified4.
- No-fault state treatment. In Florida, Michigan, and other no-fault states, PIP handles your own medical costs first regardless of who was at fault, up to your PIP tier. UM / UIM in no-fault states often focuses on bodily-injury- threshold claims and property damage. See our Florida PIP guide and Michigan no-fault guide.
What happens next
After the claim is open, three things typically unfold in parallel:
- Your repair proceeds under the responding coverage (UMPD or collision). You pay the deductible if applicable. The repair shop and your insurer handle the estimate.
- Your medical treatment proceeds under UM (or PIP in no-fault states, or MedPay / health insurance where neither applies). Keep every bill and treatment record.
- Your insurer pursues subrogation if the at-fault driver is identifiable and has assets. If recovery succeeds, your deductible may be refunded. See our subrogation guide for the mechanics.
If your insurer denies the UM claim or pays less than expected, see our claim denial and appeal guide for the escalation ladder.
Not sure if your UM / UIM limits match your BI limits? Pull your declarations page or quote matching limits.
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Common follow-up questions
Do I pay a deductible if a hit-and-run driver hits me?
If you’re relying on collision, yes. UM bodily-injury has no deductible. UMPD may apply with a smaller deductible but often requires identification of the uninsured driver. Collision Deductible Waiver (where available) generally also requires driver identification2.
Will my rates go up if I file a UM claim?
In many states, carriers are prohibited from surcharging a not-at-fault claim; UM claims are by definition not-at-fault. In other states carriers have more latitude. Verify the rule with your state DOI if the premium changes at renewal.
What if the other driver has insurance but says they don’t?
File the claim through your insurer. The insurer will investigate the other driver’s coverage. If the other driver is found to have been insured, your claim path shifts to the standard liability-vs- collision analysis and your insurer pursues subrogation.
Can I sue the uninsured driver directly?
Yes, in most states, assuming the driver is identified and has recoverable assets. The civil claim is independent of your insurance recovery. Practically, uninsured drivers often don’t have collectible assets, which is why UM / UIM exists.
Does my health insurance pay before UM?
The order of payment depends on policy and state. In some arrangements health insurance pays first and asserts a lien against the UM recovery (subrogation to the health insurer). In others UM pays first. Keep every medical bill; the allocation is sorted out between the two carriers.
Sources
- Insurance Information Institute: Uninsured and underinsured motorist coverage overview (Insurance Information Institute)
- State Farm: What to do if hit by an uninsured driver (carrier consumer guidance) (State Farm Mutual Automobile Insurance Company)
- NAIC: Uninsured and underinsured motorist coverage topic page (National Association of Insurance Commissioners)
- California Department of Insurance: Collision deductible waiver (CDW) consumer information (California Department of Insurance)
- YesWeSure: Uninsured motorist coverage guide (YesWeSure)
UM / UIM availability and deductible-waiver rules vary by state and policy. Verify current rules with your state DOI before relying on any specific procedure. Last reviewed .