You may recover money after a crash with an uninsured driver through your own uninsured/underinsured-motorist coverage, collision or medical coverage, or a claim against the driver. Your first priorities are safety, required reporting, prompt notice to your insurer, and evidence that proves fault and the full amount of your losses. State law and your policy control what is available.
What to do immediately after the crash
Get medical help and stay at the scene
- Call 911 for injuries or immediate hazards and obtain medical evaluation even when symptoms seem minor.
- Exchange names, contact information, license numbers, vehicle details, and insurance information. Photograph the vehicles, road conditions, traffic controls, visible injuries, and surrounding area.
- Do not leave before completing the steps required by local law and your policy. The Washington State Office of the Insurance Commissioner says, “Never leave the scene without calling the police, even if you don’t see any injuries and the accident seems minor.” That is Washington guidance, not a universal rule.
Make the required report
Follow your state’s crash-reporting rule and your policy’s notice condition. A police report can support both an insurance claim and a later demand against the driver. Hit-and-run and “phantom vehicle” claims can have additional proof and reporting requirements.
Notify your insurer promptly
Tell the insurer what happened, where and when it happened, whether anyone was injured, and whether the other driver appeared uninsured. Ask for the claim number, the applicable policy sections, and all deadlines for proof, examinations, recorded statements, or repairs. Do not assume that the other driver’s lack of insurance eliminates your own coverage.
Find every coverage that might pay
Read the declarations page, endorsements, exclusions, limits, and deductibles rather than relying on the coverage name alone. Ask the insurer to evaluate bodily injury and property damage separately.
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| Coverage | Losses it may address | Important qualification |
|---|---|---|
| Uninsured/underinsured-motorist bodily injury (UM/UIMBI) | Injuries and, depending on the policy, related medical expenses, lost income, and other legally recoverable damages | Usually requires proof that the other driver was legally responsible and met the policy’s definition of uninsured or underinsured. |
| Uninsured/underinsured-motorist property damage (UM/UIMPD) | Damage to your vehicle and sometimes other covered property | Availability, deductibles, hit-and-run proof, and limits vary by state and policy; UM does not cover property damage everywhere. |
| Collision | Damage to your own vehicle, subject to the collision deductible and policy terms | It can operate without proving the other driver had insurance, but you normally pay the deductible first. |
| Personal injury protection (PIP) | Certain medical bills and other benefits specified by the policy | Eligibility and benefit limits are state- and policy-specific. |
| Medical-payments coverage (MedPay) | Medical expenses covered by the policy | Check who is insured, covered treatment, limits, and coordination with health insurance. |
The Texas Department of Insurance describes Texas UM/UIM protection for specified losses, while the Maryland Insurance Administration describes both uninsured-motorist bodily-injury and property-damage coverage. Those descriptions do not establish a nationwide rule.
State-specific figures you should not generalize
- Texas consumer guidance updated October 14, 2024, states a $250 UM/UIM deductible in the circumstances it describes and discusses written rejection of offered coverage. See the Texas Department of Insurance explanation.
- Maryland guidance describes a $250 statutory deductible for uninsured-motorist property-damage claims and says its UM coverage applies when the other driver is 100% at fault. See the Maryland Insurance Administration.
Separate the injury claim from the property claim
Vehicle repairs, rental costs, medical treatment, lost wages, pain-related damages, and damaged personal property may be governed by different coverage parts, limits, deductibles, and proof requirements. Create a separate loss record for each category. The Texas Department of Insurance lists potentially covered items under Texas UM/UIM, but the exact combination depends on the policy and state law.
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Document the amount of your losses
Keep an organized file, with copies rather than originals, containing:
- Police or incident reports and the other driver’s identifying information
- Scene, vehicle, road, and injury photographs, plus witness names and contact details
- Medical records, bills, prescriptions, treatment notes, and mileage records
- Pay stubs, employer verification, tax records, or other proof of missed income
- Repair estimates, invoices, total-loss valuations, towing and storage bills, and rental receipts
- Insurer letters, claim notes, recorded-statement requests, estimates, and payment explanations
- A dated diary of symptoms, treatment, missed work, and out-of-pocket expenses
California’s consumer guidance specifically identifies injury, medical-expense, and lost-wage documentation as part of a UM claim. The Washington regulator’s guidance also recommends collecting photographs and as much information as possible about the vehicle, driver, and damage.
Choose between an insurance claim and direct recovery
| Route | How it works | Main issues to weigh |
|---|---|---|
| Your own first-party coverage | You claim under UM/UIM, collision, PIP, or MedPay and comply with that policy’s proof and cooperation requirements. | Limits, exclusions, deductibles, fault conditions, and possible subrogation affect the result. This route may move medical or repair payments sooner. |
| Direct demand or lawsuit against the driver | You seek payment from the person who caused the crash, by agreement or court action. | You must prove liability and damages, comply with local deadlines and court rules, and determine whether the driver has collectible assets. |
| Both routes | You may use available coverage while preserving a claim against the responsible party. | Coordinate releases, settlements, notices, and reimbursement rights with the insurer before accepting money or ending the claim. |
Texas law specifically addresses choosing and coordinating collision and UM/UIM property-damage coverage; the applicable statute is in Texas Insurance Code Chapter 1952. That coordination rule should not be applied automatically in another state.
Can you sue an uninsured driver?
Often, a claim or lawsuit is legally possible, but filing does not guarantee payment. Before taking that route:
- Compile evidence showing the driver’s negligence or other legal responsibility.
- Calculate each damage category and support it with records.
- Check your state’s limitation period, comparative-fault rule, small-claims ceiling, service requirements, and any UM arbitration or lawsuit prerequisite.
- Investigate collectability, such as employment or assets, without using unlawful methods.
- Determine how a judgment would be enforced if the driver does not pay voluntarily.
No single nationwide deadline or court limit applies to every crash. State statutes, including the Delaware Code provisions on uninsured and underinsured vehicle coverage, illustrate why the accident location and policy language must be checked directly.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.If the driver fled or was never identified
Report the hit-and-run promptly, preserve video and witness evidence, and ask the insurer which “phantom vehicle” or unidentified-driver conditions apply. Washington’s regulator states that a police report must be made within 72 hours for a Washington phantom-vehicle claim. That 72-hour period is a Washington example, not a general U.S. deadline.
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Protect the insurer’s subrogation rights
Subrogation is the insurer’s possible right to recover from the responsible party what it paid on your claim. Before accepting direct payment, signing a release, dismissing a case, or agreeing to a settlement, ask the insurer in writing whether it intends to pursue subrogation and what consent it requires.
The California Department of Insurance says the insurer should advise whether it intends to pursue subrogation and, when it does, include the policyholder’s deductible in that process. The policyholder must cooperate and avoid actions that jeopardize recovery. California’s process is an example; other states and policies may differ.
When local legal advice is worthwhile
Consider a locally licensed personal-injury or insurance attorney when injuries are serious, fault is disputed, the insurer denies or undervalues the claim, available limits are inadequate, a release is requested, or you are considering litigation. Ask the insurer for its written coverage and valuation position first, then have counsel review the policy, evidence, deadlines, and settlement terms. The California regulator also recommends consulting an attorney when a consumer disagrees with the insurer’s evaluation.
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