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What happens if an uninsured driver hits an insured driver?

Chelsey Tucker graduated with a Bachelor of History degree from Metropolitan State University in 2019. She now writes about insurance with her specialty being life insurance and has been quoted...

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Dan Walker graduated with a BS in Administrative Management in 2005 and has been working in his family’s insurance agency, FCI Agency, for 15 years. He is licensed as an agent to write property and casualty insurance, including home, auto, umbrella...

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Reviewed byDaniel Walker
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UPDATED: Mar 19, 2020

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Uninsured DriverThe answer to the question of what happens when an uninsured driver hits an insured driver depends on whether you live in a no-fault state or a tort state, as well as the kind of damage caused by the accident.

In a no-fault state, you must present your claim to your own insurance company for payment, whereas in a tort state, you need to sue the other driver for compensation.

You can also make claim for the cost of repairs to your own insurance company. If you were injured in an accident caused by an uninsured driver and you live in a tort state, you would have recourse through uninsured/underinsured insurance if you added this coverage to your policy.

To learn all of the specifics of what happens when a driver without auto insurance hits someone who does have auto insurance then continue reading. Also, be sure to enter your zip code above to get free online insurance quotes!

No-Fault State and Uninsured Drivers

No-fault insurance means that a driver will get compensation for personal injuries or property damage from his or her own insurance company, regardless of which driver is found responsible for the accident. You would look to your own insurance company to pay for the cost of repairing your vehicle, as well as compensating you for any injuries sustained in the accident. You must pay your deductible, and then the insurer will compensate you for your medical bills and related expenses, up to your policy limit. You may be able to get a payment compensating you for your pain and suffering as well. The insurance company will also compensate you for lost wages after the accident.

One thing is for certain, you need great car insurance coverage at a great price. Enter your zip code for free quotes now!

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Tort State and Uninsured Drivers

You can make a claim for the cost of repairs to your own vehicle to your insurance company. You are responsible for paying your deductible first, and then the insurance company will pay for the cost of the repairs or pay the cash value of the vehicle under your collision coverage. The amount you would be entitled to is capped by the policy limit.

In a tort state, one driver must be found to be at fault for the accident. If you want to be compensated for your injuries, you have to sue the other driver. In a case where the other driver has insurance, his or her insurance company would be responsible for paying for damages caused as a result of the accident.

Since the driver in this scenario doesn’t have insurance coverage, you must sue him or her for compensation anyway. Instead of having an insurance company pay, the uninsured driver would be responsible for paying for these damages personally. It stands to reason that if someone doesn’t have car insurance coverage, he or she may not have the means to pay for damages caused during an accident.

Uninsured/Underinsured Motorist Coverage

If you want to protect yourself from being in an accident with a driver who either doesn’t have car insurance coverage or who doesn’t have enough coverage to pay for your personal injuries and expenses, consider adding uninsured/underinsured motorist coverage to your policy. The uninsured motorist coverage is self-explanatory; it pays out when the other driver doesn’t have insurance coverage.

The underinsured motorist coverage pays benefits when the other driver involved in the accident has some coverage but his or her policy doesn’t fully compensate you for your injuries and expenses. The other driver’s policy would be used first and your underinsured motorist coverage would be used to top up the level of protection.

This type of coverage can be added to an existing car insurance policy very easily. It’s the type of protection that makes good sense. If you have been injured in an accident and the other driver isn’t covered, you will likely have trouble collecting anything from him or her. In the meantime, you have medical bills to contend with, as well as a possible loss of income as a result of the accident.

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Rather than worry about what happens when an uninsured driver hits an insured driver, take the steps you need to protect yourself by making sure that you have adequate insurance coverage. You can shop around to find out how much an insurer will charge for a policy that includes this protection, as well as the liability coverage and other provisions you must have in place by law for the state where you live.

If you are ready to consider putting a higher level of protection in place, you can start by clicking on the free car insurance quote tool on this page to get quotes from several insurance providers right now!

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