Getting into a car accident is stressful enough—but finding out the other driver doesn’t have insurance can leave you feeling overwhelmed and unsure of what to do next. Unfortunately, uninsured drivers are more common than you might think, and these situations can raise all kinds of questions: 

• Who pays for the damage? 
• Can I still file a claim? 
• Am I stuck with the bill? 
• Can I sue an uninsured driver for damages?

The good news is that you still have options even if the at-fault driver doesn’t carry insurance. Whether you’re dealing with vehicle repairs, medical bills, or time off work, this guide will walk you through exactly what to do after an accident with an uninsured driver.

Step-by-Step: What to Do Immediately After the Accident

Even when the other driver is uninsured, many of the steps you’ll take right after an accident are the same—and they’re just as important. Acting quickly and gathering the correct information will strengthen your position if you need to file an uninsured motorist (UM) claim or take legal action later.

1. Check for Injuries and Call for Help

Your safety and the safety of others come first. If anyone is injured, call 911 right away and request medical assistance. Even if injuries seem minor, it’s best to get checked out.

2. Contact the Police

Always call the police when you’re involved in an accident—especially if the other driver doesn’t have insurance. A police report is official documentation and may be essential when dealing with your insurance company or pursuing legal options.

3. Document the Scene

Use your phone to take photos of:

• Vehicle damage
• License plates
• The overall scene (including street signs and weather conditions)
• Any visible injuries

If there are witnesses, get their names and contact information. These details can be crucial later on.

4. Exchange Information

Even if the other driver admits they’re uninsured, still collect:

• Their full name and contact details
• Driver’s license number
• License plate number
• Vehicle make and model

Avoid arguments or accusations—just calmly gather what you need.

5. Notify Your Insurance Company

As soon as you’re safe and have the basic details, let your insurer know you’ve been in an accident. Be clear about what happened, especially if the other driver admitted they didn’t have insurance.

When the Other Driver Doesn’t Have Insurance

Once you realize the other driver is uninsured, things can feel a little more uncertain—but don’t panic. You still have paths forward.

If the other driver admits on the spot that they don’t have insurance, make sure this is noted in the police report. This documentation can help support your case later, especially if you need to file a claim through your own uninsured motorist coverage.

It’s also important not to accept cash or make informal deals at the scene. Some uninsured drivers might offer you money to avoid getting in trouble. It may seem tempting in the moment, but accepting a side deal can complicate your ability to recover full compensation later on.

Instead, focus on gathering information and letting your insurance company—and possibly an attorney—handle the situation from here. An uninsured driver is still legally responsible for the damages they cause, even if they don’t have an insurance policy.

Can I Sue an Uninsured Driver for Damages? 

If the driver who hit you is uninsured, you may be wondering: Can I sue? The short answer is yes—but whether it’s worth pursuing depends on a few factors.

Suing an Uninsured Driver

You have the right to file a lawsuit against an at-fault driver, even if they don’t have insurance. Through a personal injury claim, you can seek compensation for things like:

• Medical expenses
• Property damage
• Lost wages
• Pain and suffering

However, seeking compensation from an uninsured motorist can be tricky. Many uninsured drivers don’t have enough personal assets to cover a judgment. Even if you win in court, collecting on that judgment can be difficult or take years.

When Legal Action Might Make Sense

• The other driver has significant assets or income.
• Your damages are serious and not covered by your insurance.
• You’re willing to go through the legal process with help from an attorney.

For smaller claims, like minor vehicle damage, you might also consider small claims court, a quicker and less costly route.

Understanding Uninsured Motorist (UM) Coverage

One of the best tools in a situation like this is your own insurance—specifically, uninsured motorist (UM) coverage. If you’ve opted into it (or live in a state where it’s required), it can step in when the at-fault driver can’t. In New Mexico, all insurance companies must offer UM coverage in their liability plans. Residents can opt out if they wish, but may find themselves in financial trouble if they’re ever in an accident with an uninsured driver. 

What Does UM Coverage Do?

Uninsured motorist coverage is designed to protect you when the other driver has no insurance. It typically covers:

• Medical bills
• Lost income
• Pain and suffering
• Property damage (depending on your policy and state)

UM coverage also applies in hit-and-run accidents where the other driver can’t be identified.

How to File a UM Claim

• Notify your insurer right away. Let them know the other driver was uninsured.
• Provide all documentation. Vital documentation includes the police report, photos from the scene, repair estimates, and medical records.
• Wait patiently. Even though you’re dealing with your insurance company, they may investigate the claim much like a third-party case, which can mean the process takes longer than it does for other kinds of accidents.

Final Thoughts and How to Protect Yourself

Getting into an accident with an uninsured driver is frustrating—but it doesn’t have to derail your recovery. You can take control of the situation by staying calm, documenting everything, and understanding your insurance coverage.

If you don’t already have uninsured motorist coverage, consider adding it to your policy. It’s often affordable and can make a huge difference when the unexpected happens.

And remember: even if the other driver doesn’t have insurance, they’re still legally responsible for the damage they caused. Whether you go through your own insurance or explore legal action, you have options and don’t have to navigate the process alone. Talking to an attorney can help you understand your rights and determine the best path forward.