If an uninsured driver caused your crash, start by reporting it, documenting your losses, and asking your insurer which parts of your policy may apply. Uninsured-motorist coverage, collision, personal injury protection (PIP), and medical-payments coverage can offer different routes to payment, depending on your state and policy. You may also be able to pursue the driver directly, but a legal claim does not guarantee you can collect.
What to do immediately after the crash
- Get emergency help if anyone is injured. Stay at the scene and follow local reporting requirements and your policy’s notice rules. Washington’s insurance regulator advises calling police even if a crash seems minor; that is the regulator’s guidance for Washington, not a statement of the law in every state. Washington Office of the Insurance Commissioner
- Collect information and preserve evidence. Photograph the vehicles, damage, scene, and any visible injuries. Record the other driver’s name and contact details, vehicle information, and witness contacts. Ask how to obtain the police report and keep a copy of any report you file.
- Notify your insurer promptly. Ask what notice deadlines and proof requirements apply to your policy, especially if the other driver left or cannot be identified. In Washington, the regulator says a phantom-vehicle crash must be reported to police within 72 hours for a claim under that state’s guidance; do not treat that as a nationwide deadline. Washington Office of the Insurance Commissioner
Check which coverages could pay
Ask your insurer to identify possible coverage separately for injuries, vehicle damage, and other losses. The names and scope of these coverages vary by state and policy; uninsured-motorist bodily-injury coverage does not necessarily cover vehicle damage.
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| Coverage or route | What to ask about | Important qualification |
|---|---|---|
| Uninsured/underinsured motorist bodily injury (UM/UIM BI) | Whether your policy and the crash circumstances qualify; applicable limits, notice conditions, and proof requirements. | State law and policy terms govern. Maryland describes UM coverage as applying only when the other driver is 100% at fault. Maryland Insurance Administration |
| Uninsured-motorist property damage (UMPD) | Whether it covers your vehicle or other property, its limit and deductible, and any hit-and-run conditions. | Some states distinguish property damage from bodily injury. Maryland describes a $250 deductible for its UMPD claims; that is a Maryland-specific figure, not a general deductible. Maryland Insurance Administration |
| Collision | Whether collision can pay for vehicle repairs, the deductible, and how a claim may interact with any UM property-damage claim. | Texas law addresses choosing and coordinating collision and UM/UIM property-damage coverage under Texas-specific rules; do not assume those rules apply elsewhere. Texas Insurance Code, Chapter 1952 |
| PIP or medical-payments coverage | Whether either coverage can pay eligible medical expenses, and what limits and claim procedures apply. | Availability and covered expenses depend on state law and the policy. Washington’s regulator describes PIP as a possible source for certain medical bills. Washington Office of the Insurance Commissioner |
| Claim against the driver | Whether you can establish responsibility and damages, and whether the driver has assets or insurance that could satisfy a judgment. | A judgment does not ensure payment. Deadlines and court procedures depend on the location; Delaware’s code is one example of state-specific law, not a nationwide rule. Delaware Code, Title 18, Chapter 39 |
When comparing routes, get the insurer’s answer in writing if possible. Confirm the coverage limit, deductible, exclusions, evidence and police-report requirements, expected payment process, and whether the insurer may seek reimbursement from the other driver. Texas consumer guidance, for example, describes a $250 UM/UIM deductible and written rejection of offered coverage in that state; it is not a national standard. Texas Department of Insurance
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Keep records organized by what you are claiming. A bodily-injury claim and a vehicle-damage claim may require different evidence and use different coverage.
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- Injuries: medical records, bills, treatment dates, and documentation of any continuing effects.
- Lost income: wage records and other documentation supporting time missed from work.
- Vehicle and property damage: photos, repair estimates, invoices, and records of damaged belongings.
- Crash evidence: the police report, witness contact details, scene and vehicle photos, and correspondence with the insurers.
- Related expenses: receipts for costs connected to the crash that you are asking to have covered.
California’s insurance regulator specifically identifies injury, medical-expense, and lost-wage documentation as important to a UM claim. California Department of Insurance
Choose between an insurance claim and pursuing the driver
Using your own coverage
If you have applicable collision coverage, it may let you proceed with vehicle repairs under your policy, subject to its terms and deductible. UM/UIM, PIP, or medical-payments coverage may provide a different route for qualifying losses. Ask the insurer which coverage it proposes to use and how that affects your deductible, limits, and any other claim you may make. Texas has specific rules for coordinating collision and UM/UIM property-damage coverage; other states may handle the interaction differently. Texas Insurance Code, Chapter 1952
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Pursuing the uninsured driver directly
You may be able to seek payment from the driver who caused the crash, but you will need evidence supporting fault and the amount of your losses. Even if you obtain a judgment, recovery depends on whether the driver can pay. Court limits, filing deadlines, fault rules, and procedures vary by location; check your state’s current rules before deciding whether and where to file. If you have no applicable first-party coverage, Washington’s regulator notes that you may initially have to pay repair or medical costs yourself and then seek repayment from the responsible person. Washington Office of the Insurance Commissioner
Coordinate with your insurer before accepting a settlement
If your insurer pays part of your claim, it may have a right called subrogation to seek reimbursement from the responsible party. Before accepting money directly from the driver or signing a release, ask your insurer whether it intends to pursue reimbursement and whether the proposed settlement could affect that right. California’s regulator says an insurer should advise whether it intends to pursue subrogation and, if it does, include the policyholder’s deductible in its process. The details depend on state law and policy terms. California Department of Insurance
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When to get local legal help
Consider speaking with an attorney licensed where the crash occurred if there are serious injuries, fault is disputed, the insurer denies or undervalues a claim, or your losses exceed the available coverage. California’s regulator suggests consulting an attorney if you disagree with an insurer’s evaluation. Ask your insurer for its decision and the reasons for it in writing, and check local deadlines and procedures promptly. California Department of Insurance
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