{"id":2029,"date":"2026-03-24T10:00:53","date_gmt":"2026-03-24T10:00:53","guid":{"rendered":"https:\/\/www.freeway.com\/knowledge-center\/?p=2029"},"modified":"2026-03-24T16:59:12","modified_gmt":"2026-03-24T16:59:12","slug":"what-happens-if-you-hit-uninsured-motorist","status":"publish","type":"post","link":"https:\/\/www.freeway.com\/knowledge-center\/auto\/what-happens-if-you-hit-uninsured-motorist\/","title":{"rendered":"What Happens if You Hit an Uninsured Motorist? \u2013 Are You Liable?"},"content":{"rendered":"\n
Generally, if you are at fault for the accident, you are liable for damages regardless of the other driver\u2019s insurance status. However, if the other driver is at fault, your uninsured motorist coverage or your own auto insurance policy<\/a> may help cover your losses. Rules vary by state, so it’s important to confirm specifics with your insurance agent to make sure you have the right policy. <\/p>\n\n\n\n Who pays if the other driver has no insurance after a crash? After a car accident with an uninsured motorist, it\u2019s crucial to stay calm and take specific steps to protect yourself and your claim: <\/p>\n\n\n\n Uninsured Motorist coverage (UM)<\/a> is a type of car insurance<\/a> that protects you if you are involved in an accident with a driver who has no insurance. In some states, UM is voluntary while in other states, it is mandatory. <\/p>\n\n\n\n What UM Covers<\/strong> <\/p>\n\n\n\n UM coverage typically pays for: <\/p>\n\n\n\n UM coverage applies when you are in an accident with: <\/p>\n\n\n\n UM coverage often costs just a few dollars per month and typically represents 3\u20135% of a total auto insurance premium. That means for $25,000\/$50,000 worth of coverage, you may pay roughly $3-$6 per month. It is well worth the cost in the event of an accident caused by a driver with no insurance or not enough insurance. <\/p>\n\n\n\n Uninsured motorist coverage protects you when the other driver has no insurance, while underinsured motorist coverage (UIM) covers the gap when the at-fault driver has insurance but not enough to cover all your damages. Many drivers carry both types of coverage for comprehensive protection. <\/p>\n\n\n\n Underinsured motorist coverage is especially important in states like South Carolina<\/a>, where drivers are required to carry uninsured coverage, because other drivers may not carry enough insurance to cover serious damages. UIM coverage helps protect you from the financial burden when the at fault driver’s insurance is insufficient. Missouri<\/a> is another state that requires drivers to carry uninsured motorist coverage. <\/p>\n\n\n\n Mississippi<\/a>, on the other hand, is\u00a0often\u00a0listed as\u00a0the state with the highest number of people driving around with no insurance at all \u2013 and this state does not\u00a0require\u00a0uninsured motorist coverage. However, drivers there who want to protect themselves will add it to their policy.\u00a0<\/p>\n\n\n When you are involved in an accident with an uninsured driver, understanding who is responsible for paying the damages can be complex and depends largely on the state laws and circumstances of the crash. <\/p>\n\n\n\n In at-fault states, the driver responsible for the accident is liable for damages. If the uninsured driver is at fault, you can file a claim with your own uninsured motorist coverage or pursue legal action against the uninsured driver. However, collecting damages through a lawsuit may be difficult if the uninsured driver lacks financial resources. <\/p>\n\n\n\n If you are at fault, your insurance company will pay for damages to the other drivers\u2019 property, up to your policy limits, regardless of the other driver\u2019s insurance status. <\/p>\n\n\n\n In no-fault states, your own insurance company typically pays for your property damages regardless of who caused the accident. Medical costs are usually covered through Personal Injury Protection (PIP)<\/a> or similar coverage. You generally cannot sue the other driver unless injuries exceed a certain severity threshold. Rules vary by state, so confirm with your agent. <\/p>\n\n\n\n Filing aninsurance claim after an accident<\/a> can often raise concerns about potential increases in your premium. When the accident involves an uninsured motorist, many drivers wonder if making a claim will negatively impact their insurance rates. Understanding how insurance companies handle these claims and the protections offered by state laws can help you make informed decisions without fear of unexpected rate hikes. <\/p>\n\n\n\n If you were not at fault and file an uninsured motorist claim, many insurance companies will not raise your rates. In some states, laws prohibit insurers from increasing premiums after not-at-fault accidents involving uninsured drivers. <\/p>\n\n\n\n Certain states have specific protections preventing insurance companies from penalizing drivers who file claims after being hit by uninsured motorists. Check your state’s auto insurance laws<\/a> and your policy details to understand your rights. <\/p>\n\n\n\n It\u2019s advisable to carry enough uninsured motorist coverage to cover your medical expenses, property damage, and other costs such as lost wages and pain and suffering. In states where UM coverage is mandatory, you must carry at least the minimum required amount. Discuss your needs with your insurance agent to determine adequate coverage limits. <\/p>\n\n\n\n Carrying collision coverage<\/a> alongside UM coverage can also help cover repairs to your vehicle after a crash caused by an uninsured or underinsured driver. Collision insurance helps pay for repairs regardless of fault, providing an additional layer of protection. <\/p>\n\n\n\n Be cautious of staged accidents or scams where individuals deliberately cause collisions and falsely claim injuries or damages to collect insurance money. Always call the police to document the scene and avoid accepting cash settlements on the spot. Protect yourself by following proper procedures and working closely with your insurance company. <\/p>\n\n\n\n Many uninsured drivers are on the road despite laws requiring all motorists to carry liability insurance. For example, in California<\/a>, approximately 20 percent of drivers have no insurance. This means your chances of being involved in an accident with an uninsured or underinsured driver are higher than you might think. <\/p>\n\n\n\n This is the top 5 states with the highest percentage of uninsured drivers according to data from the Insurance Information Institute<\/a>: <\/p>\n\n\n\nWhat To Do Immediately After an Accident with an Uninsured Driver<\/strong> <\/h2>\n\n\n\n
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What Is Uninsured Motorist Coverage (UM)?<\/strong> <\/h2>\n\n\n\n
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When UM Coverage Applies<\/strong> <\/h3>\n\n\n\n
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How Much Does Uninsured Motorist Coverage Cost?<\/strong> <\/h3>\n\n\n\n
Uninsured vs Underinsured Motorist Coverage<\/strong> <\/h2>\n\n\n\n
<\/figure><\/div>\n\n\nWho Pays for Damages If the Other Driver Has No Insurance?<\/strong> <\/h2>\n\n\n\n
At-Fault States<\/strong> <\/h3>\n\n\n\n
No-Fault States<\/strong> <\/h3>\n\n\n\n
Will Filing an Uninsured Motorist Claim Raise Your Rates?<\/strong> <\/h2>\n\n\n\n
Not-At-Fault Accidents<\/strong> <\/h3>\n\n\n\n
State Laws That Protect Drivers<\/strong> <\/h3>\n\n\n\n
How Much Uninsured Motorist Coverage Should You Carry?<\/strong> <\/h2>\n\n\n\n
Common Scams Involving Uninsured Drivers<\/strong> <\/h2>\n\n\n\n
Understanding the Risks of Many Uninsured Drivers<\/strong> <\/h2>\n\n\n\n