What to Do at the Scene if the Other Driver is Uninsured

You’re at the side of the road after a car accident, going through the standard procedure of exchanging information. You’ve provided your license and insurance card, but when you ask the other driver for theirs, they get a nervous look on their face and admit, “I don’t have insurance.”

It’s a statement that can send a wave of anger and panic through you. The person who just caused significant damage to your car and may have injured you has been driving illegally and has no insurance to cover the losses they’ve caused. In this moment, it’s easy to feel like you have no options and will be left to foot the bill for someone else’s irresponsibility.

While this is a serious and frustrating situation, it is not hopeless. The steps you take at the scene are absolutely critical for protecting your right to compensation through your own insurance policy. Staying calm and being methodical is your best strategy.

Useful Information for You: In a Nutshell

• Do Not Accept a Cash Offer: An uninsured driver will often try to offer you cash to avoid getting the police involved. Never accept this. The damages are almost always worse than they appear.
• Call the Police Immediately: This is non-negotiable. An official police report that documents the other driver’s uninsured status is the most important piece of evidence you can have for your insurance claim.
• Get All of Their Personal Information: Since you can’t get an insurance policy number, get everything else: their full name, address, phone number, and driver’s license number.
• Take Extensive Photos: Document everything, especially the other car’s license plate. This is the key to identifying the driver and vehicle owner.
• This is Why You Have UIM Coverage: This situation is the exact reason you have Uninsured/Underinsured Motorist (UIM) coverage on your own policy.

Step 1: Stay Calm and Call the Police

The moment a driver tells you they are uninsured, your first and only move should be to call 911.

• Why it’s crucial:
  • It Creates an Official Record: A police report is the definitive, third-party proof that the accident happened and, most importantly, that the other driver was uninsured at the time. Your insurance company will require this documentation for an Uninsured Motorist claim.
  • The Driver is Committing a Crime: Driving without the mandatory liability insurance is illegal in Washington State. The officer can issue a citation to the driver for this offense, which further strengthens your case.
  • It Prevents a Hit-and-Run: An uninsured driver has a strong incentive to flee the scene. Calling the police immediately keeps them there.

Do not get into an argument or a confrontation. Simply inform the other driver that you are required to call the police to report the accident, then step away to a safe place to make the call.

Step 2: Gather As Much Information As Possible

While you wait for the officer to arrive, gather all the information you can. Since there is no insurance card to photograph, other details become even more important.

• The Driver: Get their full name, current address, and phone number. Ask to see their driver’s license and take a photo of it.
• The Vehicle: Take a clear, readable photo of the car’s license plate. This is the most critical piece of information. Also note the make, model, and color.
• Witnesses: If anyone saw the crash, get their contact information. Their statement will be vital to prove the uninsured driver was at fault.

Step 3: What to Tell the Responding Officer

When the police arrive, calmly provide the facts of the accident. Be sure to tell the officer that the other driver has admitted to not having insurance. The officer will then verify this and officially note it in their report. This notation is the key that unlocks your own insurance coverage.

How Your Own Insurance Protects You

After leaving the scene, you will need to open a claim with your own insurance company. This is where the coverages you responsibly paid for come to your rescue.

• Uninsured Motorist (UIM) Bodily Injury Coverage: This coverage steps into the shoes of the at-fault driver’s missing liability insurance. It will pay for your medical bills, lost wages, and pain and suffering.
• Personal Injury Protection (PIP) Coverage: Your PIP will still be the first to pay for your immediate medical bills, regardless of the other driver’s insurance status.
• Uninsured Motorist Property Damage (UMPD) or Collision Coverage: Your UMPD or standard collision coverage will pay to repair your vehicle. You will likely have to pay a deductible.

Dealing with an uninsured driver is infuriating, but it is not a dead end. By handling the scene correctly, you can use the benefits of your own policy to ensure you are fully compensated. If you’ve been hit by an uninsured driver in the Tacoma area and need help navigating the complexities of a UIM claim, search the Car Accident Lawyer Directory Tacoma. Compare profiles of trusted local attorneys who specialize in these cases and can fight to get you the maximum recovery from your own insurance company.

References

• Washington State Legislature – RCW 46.30.020 – Liability insurance or other financial responsibility required:

  The official state law that mandates all drivers must carry liability insurance.

  https://app.leg.wa.gov/rcw/default.aspx?cite=46.30.020

• Washington State Office of the Insurance Commissioner (OIC) – Uninsured/underinsured motorist (UIM) coverage:

  The official consumer guide from the OIC, explaining what UIM coverage is and how it protects you when you’re hit by an uninsured driver.

  https://www.insurance.wa.gov/what-uninsuredunderinsured-motorist-uim-coverage-and-do-i-need-it