Roughly 1 in 8 drivers on American roads lack insurance, according to the Insurance Research Council. In some states, that number climbs even higher. Getting into a car crash is stressful enough, but finding out the other driver has no insurance can make the situation feel overwhelming.

So, what actually happens when an uninsured driver hits you?

Depending on your state, insurance coverage, and the specific facts of the accident, the legal and financial aftermath can vary significantly. Here’s what drivers need to know—and what options they may have when the at-fault party can’t pay.

What to Do at the Scene

If you’re involved in a crash and discover the other driver is uninsured, it’s still essential to follow all the usual post-accident protocols.

Call 911 and report the collision to local authorities, even if no one appears seriously injured. A police report is often necessary for uninsured motorist claims. Seek medical attention as soon as possible, even for minor injuries that could worsen over time.

Take photos of the scene, both vehicles, any visible injuries, and road conditions. Exchange information with the other driver, and note their lack of insurance coverage—but avoid confrontation. Offering or accepting cash on the spot might seem easier, but it can jeopardize your rights and recovery.

The Safety Net: Uninsured Motorist Coverage

Uninsured motorist coverage—often abbreviated as UM—is your best line of defense in this situation. Offered by most auto insurers, UM coverage steps in to pay for your losses when the at-fault driver doesn’t have insurance.

This coverage typically pays for:

• Medical bills
• Lost wages
• Pain and suffering
• Funeral costs, in fatal accidents

Some policies also include underinsured motorist (UIM) coverage, which applies when the other driver has insurance, but not enough to cover your losses.

In Texas, for example, auto insurers are required to offer UM/UIM coverage. Drivers can reject it in writing, but doing so may leave them without a critical fallback if an uninsured driver hits them. In a state like Texas, which uses a fault-based system, UM coverage often becomes the main path to compensation when the other driver can’t pay.

What If You Don’t Have UM or UIM Insurance?

If you declined UM/UIM coverage or your policy doesn’t include it, your options become more limited.

You might still be able to:

• Utilize your health insurance to cover the cost of medical treatment.
  File a claim under MedPay or personal injury protection (PIP) if your policy includes it.
• Sue the uninsured driver in civil court.

That last option—suing the at-fault party directly—may not be as effective as it sounds. Many uninsured drivers are judgment-proof, meaning they lack the income or assets to satisfy a court judgment even if you win.

In some criminal proceedings, you might be eligible for restitution through the courts, especially if the uninsured driver was cited or charged, but those processes are often slow and unpredictable.

State Differences in Handling Claims

How these claims unfold depends heavily on the laws of your state.

In no-fault states such as Florida or Michigan, your own insurer pays for basic medical costs and lost wages, regardless of who caused the crash. But serious injuries or property damage may still require litigation or UM claims.

In fault-based states like Texas, drivers must pursue claims against the at-fault party. That’s where UM coverage becomes essential.

In Dallas, for instance, uninsured motorist claims are typically treated as contractual disputes, rather than third-party tort claims. That means your own insurer technically becomes your legal opponent. You still must prove the uninsured driver was at fault and document all your damages. It’s not always a quick process, and policyholders are often surprised to find their insurer isn’t automatically on their side.

Filing a Claim: What to Expect

If you carry UM/UIM coverage, notify your insurer as soon as possible. Many companies have strict timeframes for filing these types of claims, sometimes as short as 30 days.

Even though you’re dealing with your insurance provider, you may still need legal help. Insurance companies can delay, deny, or undervalue claims for uninsured motorists. Some even require arbitration in the event of a disagreement over liability or damages.

That’s why detailed documentation matters. Keep copies of:

• Police reports
• Medical bills and records
• Pay stubs or tax forms to verify lost income
• Photos of injuries and vehicle damage

If you’re unable to work or your injuries have long-term effects, those details can make a significant difference in your compensation.

A Wake-Up Call for Drivers

Being hit by an uninsured driver is a powerful reminder of why it’s essential to review your policy before an accident occurs.

Even in states where coverage is optional, uninsured motorist protection is one of the smartest add-ons available. It’s usually affordable and can make the difference between financial ruin and meaningful recovery. Consider increasing your coverage limits if your current policy is outdated or has minimal coverage.

As more drivers take to the roads without adequate insurance, the importance of protecting yourself becomes even more crucial.

Legal Help for UM Injury Claims

Being struck by someone who lacks insurance can be frustrating, but it’s not hopeless. With the right coverage, a solid paper trail, and the help of an experienced personal injury attorney, you still have ways to recover both physically and financially. And if you’re not sure what your current policy covers, now is the time to find out—before you end up needing it.