What Happens If You’re Hit by an Insured Driver?

A Step-by-Step Guide If You’re Hit By An Uninsured Driver 

Getting into a car accident is stressful enough. If another driver hits you, one of the first things you may wonder is:

“They have insurance, so what happens now?”

If the other driver is insured, that’s an important piece of the puzzle—but it doesn’t necessarily mean the claims process will be automatic or that every expense will be covered.

There are several steps involved after an accident, from documenting the scene and exchanging insurance information to determining liability, assessing damages, and coordinating with the appropriate insurance companies.

Understanding what happens after an accident can help you feel more prepared if you’re ever involved in one.

First: Make Sure Everyone Is Safe

Your first priority after an accident should always be safety.

If you’re able to do so safely:

• Move your vehicle out of traffic when appropriate
• Check yourself and your passengers for injuries
• Check on the occupants of the other vehicle
• Call emergency services if anyone is injured or if the situation requires police assistance
• Turn on your hazard lights
• Avoid standing in an unsafe area of the roadway

Even if the accident appears minor, injuries and vehicle damage aren’t always immediately obvious.

If you’re experiencing pain or other symptoms after an accident, seek appropriate medical attention.

Exchange Insurance and Contact Information

If it is safe to do so, exchange information with the other driver.

Important information may include:

• Driver’s name
• Phone number
• Insurance company
• Insurance policy information
• Driver’s license information
• Vehicle make and model
• License plate number
• Vehicle owner’s information, if different from the driver

If law enforcement responds, they may also collect this information as part of their report.

Avoid arguing with the other driver about who is at fault. Stick to exchanging information and documenting what happened.

Take Photos and Document the Accident

If you’re physically able and it is safe to do so.

Consider documenting:

• Damage to your vehicle
• Damage to the other vehicle
• The position of the vehicles
• Traffic signs and signals
• Road conditions
• Skid marks or debris
• Visible injuries
• Surrounding property damage

You may also want to write down what you remember about the accident while the details are still fresh.

If there were witnesses, ask for their contact information if possible.

Good documentation can be extremely helpful when the insurance companies investigate the claim.

Report the Accident to Your Insurance Company

Even if the other driver is clearly at fault and has insurance, you should generally notify your own insurance company about the accident promptly.

Many people think:

“The other driver caused the accident, so I only need to call their insurance company.”

That’s not always the best approach.

Your own insurance company needs to know what happened so it can explain your coverage and help coordinate the claim.

Depending on your policy and the circumstances, your insurer may also be able to assist with certain aspects of the claim.

What Happens When the Other Driver Is Insured?

When the other driver has insurance, their insurance company will generally investigate the accident and determine whether their insured driver is legally responsible for the damages.

The process may involve reviewing:

• Statements from the drivers
• Police reports
• Photographs
• Witness statements
• Vehicle damage
• Accident circumstances
• Available video or other evidence

The insurance company may then determine whether coverage applies and what damages may be payable under the policy, subject to its terms, conditions, limits, and applicable law.

It’s important to remember that having insurance doesn’t automatically mean every claim or expense will be covered.

The policy’s coverage, limits, exclusions, and the circumstances of the accident all matter.

What If the Other Driver Is Found At Fault?

If the other driver is determined to be responsible for the accident, their liability coverage may provide compensation for certain damages you’re legally entitled to recover, subject to the policy’s limits and applicable law.

Potential damages can include certain:

• Vehicle repair costs
• Property damage
• Medical expenses
• Lost wages
• Other damages related to the accident

The exact amount and types of damages that may be recoverable depend on the circumstances, applicable law, insurance coverage, and other factors.

What Happens to Your Car?

One of the first questions people usually have after an accident is: “Who’s going to pay to fix my car?”

If the other driver is responsible, their property damage liability coverage may pay for covered damage to your vehicle, subject to their policy limits and the claim determination.

The insurance company may inspect your vehicle or arrange for an estimate of the damage.

Depending on the circumstances, the vehicle may be repaired or, if it is determined to be a total loss, handled as a total-loss claim.

What If Your Car Is a Total Loss?

A vehicle is generally considered a total loss when the cost or circumstances of repairing it make repairing it impractical or when applicable state rules require it to be treated as a total loss.

If your vehicle is totaled, the amount offered by the at-fault driver’s insurance company may be based on the vehicle’s applicable market or actual cash value, depending on the claim and applicable law.

The amount isn’t necessarily based on:

• What you originally paid for the vehicle
• What you still owe on your loan
• How much you believe the vehicle is worth

This is one reason understanding your auto coverage before an accident is so important.

What If You Still Owe Money on Your Vehicle?

This is an important distinction.

Suppose you owe $25,000 on your vehicle, but the vehicle’s actual cash value is determined to be $21,000.

Your auto loan doesn’t automatically disappear because the vehicle was totaled.

The amount paid by the at-fault driver’s insurer may not be enough to pay off the entire loan.

This is where GAP coverage may be relevant for some drivers.

GAP coverage can potentially help address the difference between the vehicle’s value and the remaining loan or lease balance, subject to the specific coverage terms.

If you have a financed or leased vehicle, ask your insurance professional whether GAP coverage is available and appropriate for your situation.

What About Your Medical Bills?

If you’re injured in an accident caused by another driver, there may be several insurance considerations.

The at-fault driver’s liability coverage may potentially provide compensation for covered bodily injury claims, subject to the driver’s policy limits and applicable law.

Depending on your own policy and state requirements, you may also have additional coverage that could apply.

This can include coverages such as:

• Medical payments coverage
• Personal injury protection, where applicable
• Uninsured/underinsured motorist bodily injury coverage

The availability and application of these coverages vary by state and policy.

This is why reviewing your own policy before an accident can be so valuable.

What Is Medical Payments Coverage?

Medical payments coverage, sometimes called Med Pay, can help pay certain medical or funeral expenses resulting from a covered auto accident, subject to the policy’s terms and limits.

Depending on the policy, it may apply to you and certain passengers regardless of who was at fault.

Medical payments coverage can be useful because it may provide access to coverage under your own policy while other aspects of an accident claim are being resolved.

What If the Other Driver’s Insurance Isn’t Enough?

This is one of the most important reasons to review your own auto insurance coverage.

Imagine the other driver causes a serious accident, but their liability policy has limits that aren’t enough to cover all of your damages.

What happens then?

Your own underinsured motorist coverage, if you have it and if it applies, may provide additional protection for certain bodily injury losses, subject to the policy terms, limits, and applicable law.

For example, if your injuries result in significant medical expenses and lost income, but the at-fault driver’s liability limits aren’t enough to fully compensate you, your own underinsured motorist coverage may potentially provide additional benefits.

The exact rules vary by state and policy, so it’s important to understand how your coverage works.

What If the Other Driver Doesn’t Actually Have Insurance?

Even if someone tells you they are insured, don’t assume everything is settled until the insurance information is verified.

Sometimes drivers provide incorrect information, have a policy that is no longer active, or have other coverage issues.

If the other driver is uninsured, your own uninsured motorist coverage, if available and applicable, may provide protection for certain losses.

This is another reason it’s important to understand the coverage you carry yourself.

You can’t control how much insurance another driver buys.

But you can review your own coverage to help protect yourself from drivers who have insufficient or no insurance.

What About a Rental Car?

If your vehicle needs to be repaired after an accident, you may need transportation while your car is in the shop.

Depending on the circumstances, a rental vehicle may potentially be covered by:

• The at-fault driver’s insurance
• Your own rental reimbursement coverage

Whether the other driver’s insurance will pay for a rental depends on factors such as liability, coverage, and the circumstances of the claim.

If you have rental reimbursement coverage on your own policy, it may provide coverage subject to your policy’s limits and terms.

It’s worth checking your policy before an accident so you know what transportation options may be available.

What If the Other Driver’s Insurance Company Calls You?

After an accident, the other driver’s insurance company may contact you to ask for information about what happened.

It’s important to be careful about what you say and avoid guessing about details you don’t know.

You can provide accurate information about the accident, but you don’t need to speculate about fault, injuries, vehicle speeds, or other details you’re uncertain about.

If you’re uncomfortable handling the conversation yourself, consider discussing the situation with your own insurance professional or appropriate legal counsel.

Do You Have to Use the Other Driver’s Insurance Company?

Not necessarily.

Depending on the circumstances and your coverage, you may have the option to work with your own insurance company under applicable first-party coverage.

For example, if you carry collision coverage and your vehicle is damaged, your insurer may handle the covered damage under your policy, subject to your deductible and policy terms.

Your insurer may then seek reimbursement from the at-fault party or their insurer when appropriate.

This process is commonly known as subrogation.

One potential advantage of using your own coverage is that you’re dealing with your own insurance company and the coverage you’ve purchased.

However, the best approach depends on the circumstances and your specific policy.

What Is a Deductible?

If you use your own collision coverage to repair your vehicle after an accident, you may have to pay your policy’s deductible.

For example, if you have a $1,000 collision deductible, you may be responsible for the first $1,000 of covered damage under your policy.

If your insurer successfully recovers the applicable amount from the responsible party, your deductible may potentially be recovered depending on the circumstances and applicable law.

Your insurance professional can explain how this process works for your specific claim.

Will an Accident Affect Your Insurance Premium?

This is one of the most common questions people ask after an accident.

The answer isn’t always straightforward.

Insurance premiums can be affected by many factors, and how an accident affects your policy can depend on circumstances such as:

• Who was at fault
• Your insurance company’s underwriting rules
• Your claims history
• The severity of the accident
• Your state
• Applicable regulations
• Your policy
• Available discounts

An accident caused by another driver does not automatically mean your premium will increase, but it’s important to discuss your specific situation with your insurance professional.

What If You Disagree With the Insurance Company’s Offer?

Sometimes the insurance company and the claimant may disagree about the amount of damage or the value of a vehicle.

If you believe an offer doesn’t accurately reflect the applicable damages or vehicle value, ask the insurance company to explain how it reached the amount.

You can provide documentation that may support your position, such as:

• Repair estimates
• Receipts
• Maintenance records
• Photographs
• Information about comparable vehicles
• Documentation of vehicle improvements

If you’re dealing with a serious injury claim or a significant dispute, you may also want to consult an attorney who handles auto accident claims.

What You Should NOT Do After an Accident:

Don’t leave the scene.

Follow applicable laws and remain at the scene unless leaving is necessary for safety or medical reasons.

Don’t admit fault.

Even if you think you caused the accident, avoid making statements about legal responsibility at the scene.

Don’t guess.

If you don’t remember something, say that you don’t remember rather than trying to fill in the blanks.

Don’t immediately post about the accident on social media.

Photos or statements posted online can potentially complicate an insurance or legal claim.

Don’t delay reporting the accident.

Notify your insurance company promptly and follow your policy’s reporting requirements.

What You Should Review on Your Auto Insurance Policy Today

The best time to understand your auto insurance isn’t after an accident.

It’s before one happens.

Take a few minutes to review your policy and make sure you understand your:

• Bodily injury liability limits
• Property damage liability limits
• Collision coverage
• Comprehensive coverage
• Uninsured motorist coverage
• Underinsured motorist coverage
• Medical payments coverage
• Rental reimbursement coverage
• Roadside assistance
• Deductibles

You may also want to ask yourself:

If someone hit me tomorrow, would my current coverage be enough?

That’s a much more important question than simply asking whether you have “full coverage.”

Accident Checklist

If you’re ever involved in an accident, keep this checklist handy:

• Make sure everyone is safe
• Call emergency services when appropriate
• Exchange information with the other driver
• Obtain insurance information
• Photograph the vehicles and accident scene
• Gather witness information
• Cooperate with law enforcement
• Seek medical attention if necessary
• Notify your insurance company promptly
• Keep copies of accident-related documents
• Save repair estimates and receipts
• Keep your insurer informed of relevant developments
• Ask questions if you don’t understand the claims process

The Bottom Line

Being hit by an insured driver is certainly better than being involved with someone who has no insurance at all—but having an insured driver involved doesn’t mean the process will always be simple.

The other driver’s insurance policy has limits, terms, conditions, and exclusions, and those limits may not always be enough to cover every expense resulting from a serious accident.

That’s why your own auto insurance matters.

Having appropriate liability limits, uninsured and underinsured motorist coverage, collision coverage, medical payments coverage, and rental reimbursement coverage can help provide additional protection when you need it.

The most important thing you can do is understand your coverage before an accident happens.

Have Questions About Your Auto Insurance?

Not sure what your policy covers if another driver hits you?

Our insurance professionals can review your current auto policy and help you understand your coverage, limits, deductibles, and available options.

We can also help you determine whether your current coverage makes sense for your vehicle, household, and financial situation.

Contact our agency today for an auto insurance review.

Because you can’t control how carefully everyone else drives—but you can take steps to make sure you’re properly protected when the unexpected happens.

This article is intended for general informational purposes only and does not constitute legal or insurance advice. Coverage availability, limits, exclusions, deductibles, claims procedures, and applicable laws vary by state, insurance company, policy, and individual circumstances. Please consult your insurance professional regarding your specific coverage and contact appropriate legal or medical professionals when necessary. This blog is intended for informational and educational use only. It is not exhaustive and should not be construed as legal advice. Please contact your insurance professional for further information.