{"id":353021,"date":"2016-11-14T16:28:13","date_gmt":"2016-11-14T21:28:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/car-accidents\/can-an-uninsured-driver-hit-by-an-insured-driver-file-a-claim.html"},"modified":"2025-11-26T10:05:00","modified_gmt":"2025-11-26T15:05:00","slug":"can-an-uninsured-driver-hit-by-an-insured-driver-file-a-claim","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/car-accidents\/can-an-uninsured-driver-hit-by-an-insured-driver-file-a-claim.html","title":{"rendered":"Can an Uninsured Driver Hit by an Insured Driver File a Claim?"},"content":{"rendered":"\n
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Can an Uninsured Driver Hit by an Insured Driver File a Claim?<\/h1>\n\n
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\n By Ty McDuffey, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

An uninsured driver hit by an insured driver may still file a claim, but the process depends on state laws. In at\u2011fault states, the insured driver\u2019s insurance typically covers damages if they caused the accident. In no\u2011fault states, compensation is harder to obtain without your own coverage.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Picture this: You’re driving home from work when suddenly you’re in a car accident. Even if you don’t have auto insurance, there are still options to cover your medical bills and car repairs. This article explains what an uninsured driver should do if they’re hit by an insured driver.<\/p>\n

Being uninsured makes the aftermath of a crash even more complicated. A local car accident attorney<\/a> can help you understand your options and fight for the compensation you need.\u00a0<\/p>\n

Understanding Your Situation<\/h2>\n

If you’re the uninsured driver in a\u00a0car accident<\/a>, and you aren’t\u00a0at fault<\/a>, the insured driver’s insurance company might cover your damages. But different states have different rules, so it’s essential to know your local insurance requirements. This is where the concept of at-fault vs. no-fault states comes into play.<\/p>\n

At-Fault States vs. No-Fault States<\/h2>\n

Most states in the U.S. are at-fault states. Here, the insurance company of the at-fault driver pays for the damages. That means if an insured driver hits you, their car insurance company should pay for your\u00a0property damage<\/a>\u00a0and\u00a0bodily injury<\/a>.<\/p>\n

But in no-fault states, your own insurance company pays for your medical bills after a car accident, even if you weren’t at fault. This is known as\u00a0personal injury protection<\/a>\u00a0(PIP).<\/p>\n

If you’re uninsured in a no-fault state, it might be more challenging to get compensation. One of the main features of no-fault insurance is that it limits the right to sue the other driver<\/a>. This means that, in many situations, you can’t take legal action against the at-fault driver unless your injuries meet a certain severity or cost threshold. If you’re uninsured, this further limits your avenues for compensation.<\/p>\n

While some insured drivers might have uninsured motorist (UM) coverage<\/a> to protect themselves against uninsured drivers, this is typically optional in no-fault states. Thus, if you’re in an accident with an uninsured driver, there’s no guarantee that you will be compensated unless you have UM coverage on your own policy.<\/p>\n

Without an insurance policy to cover medical bills, property damages, or any potential liability, an uninsured driver could face substantial out-of-pocket expenses.<\/p>\n

Given these challenges, it’s always advisable to have the required insurance coverage \u2014 even in no-fault states \u2014 to ensure protection against the potential financial and legal repercussions of an accident.<\/p>\n

Auto Insurance Coverage Types<\/h2>\n

Let’s dive deeper into some different coverage types<\/a> to understand their importance and how they work.<\/p>\n

Liability Insurance<\/strong><\/h3>\n

Liability insurance is one of the most fundamental types of car insurance. In many states<\/a>, it’s mandatory for drivers to have at least a minimum amount of this coverage. Liability insurance protects you financially if you’re found to be responsible for an accident.<\/p>\n