Getting into a traffic accident - especially if you’re hit by an uninsured driver - can be extremely stressful and frustrating. While car insurance is required in most states, many drivers still get on the road without coverage. If you’re in an accident caused by an uninsured driver, you might wonder how to handle the situation and whether your own insurance policy can cover the damages.
As an insured driver hit by uninsured driver, it’s important to know your rights and options. Understanding how your insurance policy can protect you, and knowing what steps to take immediately after the accident, can make all the difference in recovering costs for vehicle repairs and medical bills.
Hit By an Uninsured Driver: Immediate Steps To Take After the Accident
After an accident with an uninsured driver, your priority should be safety. Move your vehicle out of traffic if possible and check for any injuries. If you or a passenger can safely photograph the other vehicle involved, try to ensure you obtain a clear picture of the license plate. Even if the other driver does not have insurance, call the police. A police report can help document the accident, which may be necessary when filing a claim. If the other driver suddenly leaves the scene without exchanging information, call the police and provide a description of the vehicle including the license plate number. Do not attempt to follow the other vehicle!
If the other driver remains at the scene, gather as much information as you can at the scene. This includes the other driver’s name, contact details, and license plate number. If they don’t have insurance information to provide, note this in your records. Take photos of the accident scene, vehicle damage, and any visible injuries. If there are witnesses, get their contact information as well.
Next, notify your insurance company. Let them know you were hit by an uninsured motorist, and provide all the details and documentation you gathered. The sooner you report the accident, the sooner they can begin processing your claim.
How Insurance Covers You When Hit by an Uninsured Driver
If you are in an accident caused by an uninsured driver, your insurance policy may still help cover your losses, depending on the type of coverage you have. Understanding your policy options can help you recover damages and medical expenses without significant out-of-pocket costs.
Wawanesa offers specific options to protect insured drivers in these situations.
Uninsured/Underinsured Motorist Bodily Injury (UM/UIM BI) Coverage
This optional coverage helps pay for medical expenses, lost wages, and other damages if you’re in an accident caused by an uninsured driver or a driver with insufficient coverage. If you or your passengers are injured in the crash, UM/UIM BI can help cover costs that the at-fault driver would have been responsible for.
Uninsured Motorist Property Damage (UMPD) Coverage
If your vehicle is damaged in an accident with an uninsured driver, UMPD can help cover the cost of repairs. This coverage only applies if the at-fault driver is fully uninsured. It does not apply if they are underinsured. UMPD is a lower-cost alternative to Collision Coverage but may have limits on the amount it will pay for vehicle repairs. It may only apply if the other driver is identified.
Collision Deductible Waiver (CDW) Coverage
In California, if you have Collision Coverage and are hit by an identified uninsured motorist, Wawanesa offers a Collision Deductible Waiver (CDW). This means that if your vehicle is repaired under your Collision Coverage, Wawanesa will waive your deductible, saving you out-of-pocket costs.
What Happens If You Don’t Have UM/UIM Coverage?
If you don’t have UM/UIM or UMPD coverage, you may have to rely on other parts of your insurance policy. If you carry Collision Coverage, it can help pay for repairs to your vehicle, but you will still need to pay your deductible. If you’re injured, you may need to use MedPay or Personal Injury Protection (PIP) to help cover medical bills, depending on your policy and state regulations.
What If Both Drivers Are Uninsured?
If neither driver has insurance, the financial responsibility for damages and medical expenses falls on the individuals involved. In most cases, the at-fault driver is legally responsible for paying for the other party’s losses. However, recovering compensation can be difficult if the at-fault driver does not have the financial means to pay.
State laws vary when it comes to penalties for uninsured drivers. Some states impose fines, license suspensions, or other penalties on drivers who fail to carry the required insurance. If you are in a car accident without insurance, you may also be held personally liable for the damages, making it even more important to maintain proper coverage.
In cases where both drivers are uninsured, legal action may be an option, but it can be a lengthy and uncertain process. This situation highlights the importance of carrying Uninsured/Underinsured Motorist (UM/UIM) coverage or Collision Coverage to protect yourself financially.
What If You (an Insured Driver) Hit an Uninsured Driver?
If you’re responsible for hitting an uninsured driver, your liability coverage will still cover the other driver’s damages and medical expenses, just as it would if they were insured. Their uninsured status does not affect your ability to use your coverage.
However, if the uninsured driver tries to sue you for additional damages, your liability coverage will also provide legal protection up to your policy limits. You should report the accident to your insurer as soon as possible so they can handle any potential claims from the other driver.
In this scenario, the uninsured driver may have limited options for recovering compensation beyond what your insurance provides. Some states have laws that prevent uninsured drivers from suing for non-economic damages (such as pain and suffering). That’s why it’s so important to carry the proper coverage.
Preventative Measures: Protecting Yourself from Uninsured Drivers
The best way to protect yourself from the financial risks of being hit by uninsured motorist is to ensure you have the right insurance coverage. Carrying Uninsured/Underinsured Motorist (UM/UIM) coverage can help pay for medical expenses and vehicle repairs if you’re in an accident caused by an uninsured driver. For this scenario and many others, we also recommend obtaining a dash camera which will provide video evidence of what happened in the collision – including if the other driver attempts to flee the scene of the accident.
It’s also a good idea to review your policy regularly to ensure you have adequate protection. If you live in an area with a high number of uninsured drivers, increasing your coverage limits may be a smart financial decision.
Ask a helpful Wawanesa agent about how you can save money by bundling your policies.
Comprehensive Car Insurance Coverage You Can Depend On
Getting hit by an uninsured driver on the road is stressful, but having the right insurance coverage can make all the difference. Wawanesa offers auto insurance options to help protect you financially in these situations.
If you’re unsure about your coverage, now is a great time to review your policy. Reach out to us if you have any questions about your policy, or would like to get a new policy with us. Be sure to ask about discounts!
FAQ
What happens after an accident with an uninsured driver?
After an accident, move to a safe location and check for injuries. Call the police to file a report, as this documentation will be important when filing a claim. Gather as much information as possible, including the other driver’s name, contact details, and license plate number. Take photos of the scene and any damages. Notify your insurance provider as soon as possible to begin the claims process.
How does insurance cover me if I'm hit by an uninsured driver?
If you have Uninsured Motorist (UM/UIM) coverage, it can help cover medical expenses and vehicle repairs after an accident with an uninsured driver. If you don’t have UM coverage, you may need to rely on Collision Coverage or other parts of your policy.
Can I sue an uninsured driver for damages?
Yes, but recovering compensation can be difficult if they don’t have the financial means to pay. This is why Uninsured Motorist (UM/UIM) coverage is recommended to protect yourself.
Will my insurance go up if I’m hit by an uninsured driver?
Typically, no. If you were not at fault, your insurer shouldn’t raise your rates just because you were hit by an uninsured motorist. However, any claim you file could impact your premium at renewal.
Does Wawanesa offer coverage for me if I am involved in an accident with uninsured drivers?
Yes, Wawanesa offers Uninsured/Underinsured Motorist (UM/UIM) coverage, Uninsured Motorist Property Damage (UMPD), and a Collision Deductible Waiver (CDW) to help protect insured drivers in these situations.
