What Happens If You’re in an Accident With an Uninsured Driver?

Getting into a car accident is stressful enough but finding out the other driver has no insurance can make the situation feel even worse. Unfortunately, both New York and Florida have high numbers of uninsured and underinsured drivers, which means this scenario is more common than most people realize.

The good news? If your policy is set up correctly, you still have important protections in place. Here’s what happens and what you need to know if you're hit by an uninsured driver.

1. Your Uninsured Motorist Coverage Steps In

Uninsured/Underinsured Motorist Coverage (UM/UIM) is one of the most important parts of your auto policy. If the other driver has no insurance or not enough UM/UIM protects YOU.

UM/UIM can cover:

• Your medical bills
• Your passengers’ medical bills
• Lost wages
• Permanent injury or disability
• Pain and suffering (varies by state)

Without this coverage, you may have to rely on your health insurance or pay out-of-pocket.

2. Your Collision Coverage Pays for Vehicle Damage

If you carry collision coverage, your insurer will pay to repair your car even if the other driver is uninsured. You will, however, need to pay your deductible.

If you don't have collision coverage, you may be responsible for repairs unless the other driver pays out-of-pocket (which is rare and often difficult to enforce).

3. In New York: No-Fault Benefits Still Apply

New York is a no fault state, which means your own PIP (Personal Injury Protection) covers your medical expenses regardless of who caused the accident.

This includes:

• Medical bills
• A portion of lost wages
• Necessary expenses related to recovery

UM/UIM then steps in for additional damages.

4. In Florida: PIP Helps, but Often Isn’t Enough

Florida also has PIP, but minimum limits are low and often fail to cover serious injuries. UM/UIM becomes critical after a major accident—especially if the other driver is uninsured.

Many Florida drivers do NOT carry UM/UIM, and that’s where families get into trouble.

5. Can You Sue the Uninsured Driver?

Technically, yes. Practically, it’s often not worth it.

Most uninsured drivers have limited assets, which means:

• You may win a judgment
• But actually collecting payment is unlikely

This is why carrying strong UM/UIM limits is essential it protects your family when the other driver cannot.

6. Your Rates Won’t Increase If You Weren’t at Fault

If an uninsured driver hits you, your insurer typically will not raise your rates for using UM/UIM or PIP. However, this varies by carrier and state rules.

7. Why You Should Check Your Policy Now

Far too many drivers assume they’re protected until they learn (the hard way) that their UM/UIM limits are extremely low or missing entirely.

We recommend carrying the same limits for UM/UIM as your liability coverage.

Protect Yourself Before an Accident Happens

If you're hit by an uninsured driver, your own coverage and your coverage limits are everything. A quick review can prevent huge financial stress later.

Call The Michaels Group for a Free Quote or Coverage Review

Florida: 386‑274‑8150
New York:(631) 629‑2233

We’ll make sure you’re not missing critical protections and help you compare options across 25+ carriers. Your family deserves coverage that actually works when it matters most.