When the Other Driver Has No Insurance
If the other driver has no insurance, your own uninsured motorist coverage is what pays, not theirs.
What matters when there's no other policy to pay
- Check your own policy first Look for uninsured motorist coverage on your own policy, since this is what actually pays when the other driver has none. Call your insurer and tell them this is an uninsured motorist claim.
- Confirm they're truly uninsured Sometimes a driver claims no insurance but actually has a policy that lapsed recently or a company that hasn't responded yet. Ask the police report for any insurance information listed and give your insurer time to verify it.
- Fault still gets checked Filing with your own company doesn't mean they take your word for what happened. They'll still look at the police report, damage, and any witnesses before deciding what they owe.
- Your rate usually won't rise In most places, being hit by an uninsured driver isn't treated as your fault for pricing purposes, but confirm this with your insurer directly. Ask them plainly whether this claim will affect your renewal price.
- You can still pursue the driver Your insurer paying you doesn't erase what the uninsured driver owes. If they have assets or wages, you or your insurer may still go after them for what was paid out.
A driver runs a light with no insurance and no way to pay
A driver ran a red light and hit the side of another car, causing real damage to the door and frame. The police report named the at-fault driver clearly, but when the other side's insurer was called, there wasn't one. The driver had let their policy lapse two months earlier and had nothing active.
The injured driver called their own insurer and opened an uninsured motorist claim instead of waiting on a payment that was never coming. The insurer asked for the police report, photos of the damage, and a recorded statement about what happened. Because the police report was clear about fault, the claim moved without much dispute. The insurer paid for the repair and a rental car while the claim was open, then separately noted that it could pursue the at-fault driver for reimbursement later. The driver never had to deal with the other person directly again.
Now that you know this coverage protects you here, compare quotes that include it at a level you'd want.
Filing a claim through your own uninsured motorist coverage
If you do
Your insurer opens a claim, reviews the police report and damage, and pays for covered repairs and medical costs under your policy's terms. You deal with your own company, which already knows you, instead of chasing someone who has no way to pay. The process moves faster and you're not left covering the loss yourself.
If you don't
You're left trying to collect directly from a driver who may have no money, no license, or no way to be reached. Repairs stall, your car may sit unfixed, and any medical bills stay unpaid until you find another way to cover them. Most people in this position end up filing the claim eventually anyway.
Does my insurance rate go up if the other driver has no insurance?
Usually not, since the crash wasn't your fault, but this depends on your insurer's specific rules. Ask them directly whether an uninsured motorist claim is treated differently from an at-fault claim on your record. If they can't give a clear answer, ask for it in writing before you file.
What if the other driver has insurance but it's not enough to cover everything?
That's a different coverage called underinsured motorist coverage, and it works similarly but kicks in after the other driver's limit runs out. Check whether your policy includes it separately, since some policies bundle it with uninsured coverage and some don't. The gap between what they owe and what's covered is exactly what this protects.
Can I still sue the uninsured driver myself?
Yes, nothing stops you from pursuing the driver directly for what your insurance didn't cover. In practice this depends on whether the driver has any income or assets worth pursuing. Many people skip this step because the driver has nothing to collect, but it remains an option.
Your own policy protects you here, not theirs, so check what it actually covers before you need it.
