What Happens If You're Hit by an Uninsured or Underinsured Driver
Getting into a car accident is stressful enough—but discovering that the driver who hit you doesn’t have enough insurance (or any at all) can make the situation feel overwhelming. If you’ve ever wondered, “What happens if someone hits me and they don’t have insurance?”, you’re not alone. Understanding your options, the insurance process, and your rights can help you navigate this scenario with confidence.
This guide is written with South Carolina drivers in mind, but the tips are broadly applicable across the U.S.
Understanding Uninsured and Underinsured Drivers
An uninsured driver is someone who does not have any auto insurance coverage. In contrast, an underinsured driver has insurance, but their liability limits aren’t high enough to cover the damages and medical bills resulting from the accident.
Both scenarios can create challenges after a collision, especially when your injuries or car repairs are expensive. But your own uninsured motorist (UM) coverage or underinsured motorist (UIM) coverage can fill the gap.
Example: Imagine you’re hit by a driver with $25,000 in liability coverage, but your medical bills total $50,000. Without underinsured motorist coverage, you could be responsible for the $25,000 difference.
Step 1: Immediately Stay Safe and Document Everything
Even before insurance considerations, your safety is critical:
- Check for injuries – Call 911 immediately if anyone is hurt. Even minor injuries should be assessed by a medical professional.
- Move to a safe area – If possible, relocate to the shoulder or nearby safe space.
- Gather information – Collect the other driver’s name, license plate, and contact info. Note if they admit to having no insurance.
- Take photos – Capture vehicle damage, the accident scene, skid marks, traffic signals, and visible injuries.
- Talk to witnesses – Collect names and contact info for anyone who saw the accident.
Pro Tip for SC drivers: South Carolina requires police reports for accidents involving injuries or property damage over $1,000. Filing a police report helps later insurance or legal claims.
Step 2: Report the Accident to Your Insurance Company
Even if the other driver is uninsured or underinsured, notify your insurer immediately:
- UM coverage: Pays for medical expenses, lost wages, and property damage if the at-fault driver has no insurance.
- UIM coverage: Covers costs if the at-fault driver’s insurance is insufficient.
Pro Tip: Many drivers aren’t aware that UM/UIM coverage is optional in South Carolina. Confirm your policy limits and consider increasing coverage for future protection.
Step 3: Understand Your Legal Options
If damages exceed your insurance coverage, you may have legal recourse against the at-fault driver:
- Small claims court – Useful for minor damages without an attorney.
- Personal injury lawsuit – For serious injuries or significant financial losses.
- Negotiation – Sometimes, the driver or partial insurer will settle before court.
Understanding fault is critical. For a detailed explanation of how insurance companies decide responsibility, check out How Insurance Companies Determine Fault in an Auto Accident.
Tip: Keep meticulous records of all expenses, medical reports, and correspondence—it strengthens your case in negotiations or litigation.
Step 4: Seek Medical Care and Document Everything
Medical documentation is key when filing UM/UIM claims:
- Seek immediate care – Even minor injuries like whiplash or soft tissue damage should be evaluated.
- Follow-up treatments – Attend all appointments; insurance companies may deny claims if care gaps exist.
- Keep detailed records – Save bills, prescriptions, and treatment notes.
Tip for Medical Coverage: If you have Medical Payments Coverage (MedPay), it can help cover medical bills regardless of who caused the accident. For more information, see Should You Carry Medical Payments Coverage (MedPay)?.
The American Medical Association notes early documentation improves insurance claim outcomes.
Step 5: Handling Property Damage
Vehicle repair or replacement is often a major expense:
- Collision coverage: Repairs your car regardless of fault.
- Rental reimbursement: Some policies cover a rental car while repairs are underway.
Example: If your car is totaled by an uninsured driver, collision coverage ensures you’re not left paying out-of-pocket.
For a deeper dive into vehicle protection options, see The Difference Between Collision and Comprehensive Coverage.
Pro Tip for SC drivers: Comprehensive coverage protects against theft, weather, or wildlife, which can be overlooked but important after an accident.
Step 6: Preventing Future Risks
While you can’t control other drivers, there are protective steps:
- Verify insurance before ridesharing or peer-to-peer services.
- Consider higher UM/UIM limits to cover serious accidents.
- Maintain documentation of all past claims.
- Stay informed about South Carolina or local state laws for auto insurance minimums.
Step 7: How to Work With Your Insurance Company
Filing a UM/UIM claim can feel intimidating, but these steps help:
- Notify your insurer immediately.
- Provide all documentation (photos, witnesses, medical records).
- Keep communication in writing for tracking purposes.
- Negotiate settlements carefully; for large claims, consider an attorney.
For a full breakdown of before, during, and after filing, check out Filing an Insurance Claim: What to Know Before, During, and After the Process.
Step 8: Emotional Wellbeing Matters
Accidents, especially with uninsured drivers, can be stressful:
- Lean on friends and family for support.
- Consider counseling if trauma affects daily life.
- Practice self-care while handling medical and insurance matters.
Bottom Line
Being hit by an uninsured or underinsured driver can feel overwhelming, but knowing your options makes a significant difference. The first step is to stay safe and document the accident thoroughly, including taking photos, gathering witness information, and seeking medical attention. Notifying your insurance company promptly is essential, as UM and UIM coverage can help cover medical bills, lost wages, and property damage when the at-fault driver’s insurance is insufficient. Understanding your legal options, keeping detailed records of all expenses, and following up on medical care will strengthen your claim and protect your financial interests. Finally, reviewing your auto policy to ensure you have adequate UM/UIM coverage—and reaching out to experts like Bluefield Insurance Group for guidance—can provide peace of mind and help you be better prepared in case of future accidents.
Frequently Asked Questions About Uninsured and Underinsured Drivers:
Can I sue an uninsured driver?
Yes, but recovery may be limited if the driver has few assets. Your UM/UIM coverage often covers what they cannot.
Your underinsured motorist coverage can pay the gap between their liability limits and your actual expenses.
Do I have to pay out-of-pocket if the driver has no insurance?
Not if you have UM coverage. Without it, you may need to rely on legal action or pay some costs yourself.
