What Do You Do When You're Hit By An Uninsured Driver?

Updated October, 2020
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First, get to safety. Then, immediately call a police officer to file a police report. Be sure to take pictures, and swap contact information with the uninsured driver. Gather as many details as possible. Make note of the vehicle involved, as well as the time and location. Also, write down the badge number of the responding officer. Finally, don't accept money from the uninsured driver. They may try to pay you to avoid fines.

Our step-by-step guide to filing a claim

When dealing with an uninsured driver, these are the steps to take when filing a claim:

  1. Get to safety. If you've been in an accident, get you and anyone else on the scene to safety.
  2. Call the police and file a police report.
  3. Take pictures of your car and any damages.
  4. Don’t accept money. Since the other driver doesn’t have insurance, they could face some hefty fines and fees. They might try to offer you money to avoid legal repercussions.
  5. Swap information. Get their contact and vehicle details.
  6. Gather details. Get the make and model of the vehicle involved, as well as the time and location of the accident. Write down the name and badge number of the responding officer.
  7. Call your insurance agent. It doesn't matter if you're at fault or not.
  8. Follow the directions your agent gives you. Provide all documentation related to the accident and file your claim.
  9. Keep copies of all your documentation and bills related to the accident. Write down detailed notes about what you discussed regarding your accident. You need to know:
  • Who you spoke with
  • What they said
  • At what date and time
  • How to contact the person

Find out from your agent:

  • Time limitations for filing your claims and submitting bills
  • Time limitations for resolving claim disputes
  • When to expect the insurance company to contact you
  • Whether you need estimates for the damages
  • Whether your policy covers a rental car while your car is being repaired and how much it covers

Were you hit by an uninsured driver in a no-fault state?

If you’re hit by a driver in a no-fault state, the claims process is different. In a no-fault state it doesn't matter who's at fault, your insurance provider is responsible. You must file the claim with your insurance company.

The 12 no-fault states are:

  • Florida
  • Hawaii
  • Kansas
  • Kentucky
  • Massachusetts
  • Michigan
  • Minnesota
  • New Jersey
  • New York
  • North Dakota
  • Pennsylvania
  • Utah

Uninsured/ underinsured motorist insurance

This type of coverage protects you when you’re hit by a driver who doesn’t have insurance. This also covers you when a driver is underinsured and they can’t cover the full amount of damage.

Without uninsured motorist coverage, you're stuck paying out-of-pocket for any injuries.  You may sue the uninsured driver for your medical expenses. However, this process takes time and you may not receive a settlement.

Check your policy to see if you have uninsured motorist insurance. It saves you a lot of hassle.

If you're looking to get uninsured motorist coverage, contact Allstate for an easy quote, today. You can get more info and explore what's right for you.

Extra things to know

Aside from the steps to take when filing a claim, keep in mind:

  • Claim Specialist- After submitting your claim you're assigned a claims professional, such as an adjuster. They investigate the circumstances and work to get the claim settled. They also help get your vehicle repaired.

Provide them with everything they need so your claim moves quickly.

  • Total Loss Claim and Gap Insurance Coverage- For vehicle damage that exceeds the car value, ask your adjuster about gap insurance. Gap insurance is an amendment added to your policy that comes with your initial coverage. It helps pay off your auto loan if your car is totaled.

Navigating a claim

Every state is different. Contact your state insurance department if you have questions or feel you're not being treated fairly. Be prepared to answer questions from your insurer.

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