Auto Insurance: What Happens When You're Hit By Another Driver?

Being involved in a car accident is stressful enough, but when the other driver is uninsured, it can add another layer of complexity to the situation. In most states, a minimum amount of liability car insurance is legally required, but there are still drivers on the road who don't have insurance. If you are hit by an uninsured driver, there are a few important steps you should take to protect yourself and seek compensation for any damages or injuries. Firstly, it is crucial to call the police and file a police report, even if the accident seems minor. You should also gather as much information as possible, including the other driver's contact and vehicle details, as well as any witness statements. It is generally not advisable to accept money from the uninsured driver as you may not know the full extent of your damages or injury costs. Instead, contact your insurance company and inform them that you were hit by an uninsured driver. Provide them with your insurance information, the details of the accident, and the information you collected from the other driver and witnesses. If you have uninsured motorist coverage, your insurance provider will typically cover the costs of bodily injuries to you and your passengers, similar to how the at-fault driver's liability insurance would. However, if you don't have this coverage, you may need to consider taking legal action against the uninsured driver, although this can be challenging if they have limited assets.

File a police report and claim with your insurance provider

If someone with auto insurance hits you, it is important to file a police report and claim with your insurance provider. This is true whether you are driving or your car is parked. Here is a step-by-step guide on what to do:

Step 1: File a Police Report

First, call the police to report the accident. It is beneficial to do this as soon as possible, as it can help speed up the insurance claim process and protect you in case the other driver disputes their fault. Each state has different reporting requirements and deadlines, so be sure to check the specific rules for your location. When filing the report, ask the officers for their names and badge numbers, and write them down. If the police are unable to come to the scene, go to your local police station and fill out an accident report. Get a copy of the report for your records.

Step 2: Exchange Information

If possible, locate the person who hit your car and exchange information. This includes names, contact information, driver's license numbers, and insurance information. If there are any witnesses, be sure to get their contact information as well.

Step 3: Document the Accident

Take photos and/or videos of the accident scene, including vehicle damage, and note the date, time, location, environmental factors, and any other relevant details. This documentation can be valuable evidence to support your insurance claim.

Step 4: Contact Your Insurance Provider

Notify your insurance company about the incident as soon as possible. Provide them with the details of the accident, including the police report information. Your insurance company will guide you through the claims process and communicate with the other driver's insurance company to determine fault and compensation.

Step 5: Understand Your Coverage

The type of coverage you have will determine how your insurance company handles the claim. If you have collision coverage, your insurance company can help pay for repairs to your vehicle, regardless of fault. If the other driver is uninsured or underinsured, your uninsured/underinsured motorist coverage may kick in to protect you.

By following these steps and working closely with your insurance provider, you can effectively navigate the process of filing a claim if someone with auto insurance hits you.

Seek medical attention for any injuries

If you've been hit by someone with auto insurance, one of the first things you should do is seek medical attention for any injuries. This is true even if the accident seems minor, as some injuries, like whiplash, may not appear until hours or even days after the incident.

If you're able to, check on the other driver and any passengers to see if they are injured. If there are any injuries, no matter how minor, call an ambulance or fire and rescue. It's important to get medical help as soon as possible, especially if children, elders, or incapacitated individuals are involved.

When calling 911, provide as much information as you can about your location, including the city, street name, house number, mile markings, traffic signs, and travel direction. If you don't know your exact location, ask someone nearby to help pinpoint it. Stay on the line until the dispatcher tells you it's okay to hang up.

If you have young children in car seats, it's best to leave them there unless a first responder instructs otherwise. They may have unseen injuries, and moving them could cause further harm.

Once you've addressed any immediate injuries, there are several other important steps to take. These include alerting the authorities, gathering information, and starting the insurance claims process. You'll want to exchange contact and insurance information with the other driver and take pictures of the accident scene from multiple angles. This documentation will be crucial for filing a claim and determining fault.

Remember, even if you're feeling disoriented or stressed, it's important to remain calm and follow these steps to protect your rights and ensure you receive the compensation you deserve.

Document the accident, exchanging information with the other driver

Exchanging information with the other driver is crucial for proper documentation and facilitating any insurance claims or legal proceedings. Here are the essential details you should document and exchange:

• Contact information: Share your full name, phone number, and address. It is important to obtain the same information from the other driver to ensure you have their correct and up-to-date contact details.
• Insurance information: Provide your insurance company's name, policy number, and contact information. Similarly, obtain the other driver's insurance details. This information is vital for any insurance claims that may arise.
• Driver's license information: Exchange driver's license numbers, including the issuing state, and verify the validity of the other driver's license. This helps confirm the identity and qualifications of both drivers.
• Vehicle information: Share details about your vehicle, such as the make, model, and year, and license plate number. By exchanging this information, you can accurately identify the vehicles involved and assess any damage.
• Accident details: Document the date, time, and location of the accident. Noting the exact location, including street name, nearby landmarks, and the direction of travel, will help reconstruct the incident.
• Witness information: If there are witnesses to the accident, gather their names, contact information, and statements about what they observed. Witness accounts can provide valuable third-party perspectives and support your claim.
• Photos and documentation: Take photographs of the accident scene, vehicle damage, license plates, and relevant traffic signs, signals, or road conditions. If safe, capture any visible injuries. Additionally, document the time and date of the accident. This visual evidence will greatly aid in insurance claims and legal proceedings.

Remember to remain calm and polite during the information exchange. Avoid making statements about fault or engaging in confrontations with the other driver. Focus on gathering the necessary details to protect your rights and ensure a smooth insurance and legal process.

Contact a lawyer to discuss legal options

If you've been in a car accident, it's important to contact a lawyer to discuss your legal options, especially if you've suffered any injuries. An experienced car accident attorney can help you navigate the complex world of insurance claims and injury settlements. They will have in-depth knowledge of the law and can put together the best case for you. Handling a car accident claim on your own can be risky, so it's always best to seek legal advice.

• Legal expertise and experience: Car accident attorneys are well-versed in local, state, and federal traffic laws, as well as insurance laws. They understand the rules and regulations governing vehicle operations and insurance policies, coverage limits, and negotiation strategies.
• Investigation skills: Attorneys work with accident reconstruction specialists to analyze the scene, examine evidence, and reconstruct the events leading up to the accident. They also know how to gather and preserve evidence, including witness statements, police reports, medical records, and surveillance footage.
• Dealing with insurance companies: Lawyers play a crucial role in facilitating communication with insurance companies. They are skilled negotiators who advocate for their clients to ensure fair compensation. By handling all communication with insurers, attorneys prevent their clients from accidentally compromising their cases by admitting fault or accepting a low settlement offer.
• Understanding damages: Car accident lawyers can accurately evaluate their client's losses, including medical bills, property damage, lost wages, and pain and suffering. They can also project future damages, especially in cases of long-term injuries or disabilities.
• Courtroom experience: If a satisfactory settlement cannot be reached, a skilled car accident lawyer will pursue litigation and present your case in court. They understand relevant court procedures and employ successful legal strategies to get the best outcome for their clients.
• Peace of mind: Seeking legal counsel after a car accident allows you to focus on your health and recovery while a professional handles the legal process. This can reduce your stress and increase your chances of a positive outcome.

Remember, you have the right to seek legal counsel at any time during the claims process or when pursuing a personal injury lawsuit. Most injury attorneys work on a contingency fee basis, meaning they only get paid if they successfully resolve your claim. Contact a lawyer as soon as possible to discuss your legal options and protect your rights.

Consider uninsured/underinsured motorist coverage

If you get hit by a driver with auto insurance, their insurance company will typically pay for the damage. However, if the driver doesn't have insurance, you will likely have to turn to your own insurance company to cover your losses. This is where uninsured/underinsured motorist coverage comes in.

Uninsured motorist coverage is a type of car insurance that can pay for medical expenses and lost wages if you or your passengers are injured in an accident caused by a driver who doesn't have any liability car insurance, or whose insurance company denies coverage. Underinsured motorist coverage, on the other hand, pays for damages sustained in an accident with a driver who has car insurance but not enough coverage to pay for your injuries.

Uninsured motorist coverage is mandatory in some states, while insurance companies are required to offer it to customers by law in most states. Even if it's not required in your state, it's highly recommended, as it can protect you financially in the event of an accident with an uninsured or underinsured driver. The Insurance Research Council estimates that about one in eight motorists is uninsured.

When deciding whether to get uninsured/underinsured motorist coverage, consider the following:

• Do you have other insurance to cover car accident injuries? Uninsured motorist coverage can be useful even if you have health insurance, especially if you have a high deductible plan or your health insurance doesn't cover lost wages.
• Do you have other insurance to cover car damage? Collision insurance will cover damage to your car regardless of who is at fault, but uninsured motorist property damage coverage may be useful if you live in a state with a high rate of uninsured drivers.
• Does your state have a lot of uninsured drivers? The rate of uninsured drivers varies widely by state, with Mississippi having the highest rate (29.4%) and New Jersey the lowest (3.1%).

In summary, uninsured/underinsured motorist coverage can provide valuable financial protection in the event of an accident with an uninsured or underinsured driver. While it may not be mandatory in your state, it's worth considering the benefits and peace of mind that this coverage can provide.

Frequently asked questions