The at-fault driver has no insurance
The driver who caused the collision carried no liability coverage at all. Your own uninsured motorist coverage may become the primary source of recovery.
Practice Area · Coverage Claims
Kansas City Uninsured & Underinsured Motorist Claims
When the driver who caused your crash has no insurance, not enough insurance, or cannot be found after a hit-and-run, the question shifts from the other driver’s policy to your own. This page explains, in plain English, how uninsured and underinsured motorist coverage may become relevant.
The short answer
What happens when the at-fault driver has no insurance?
Your own uninsured or underinsured motorist coverage may become the primary source of recovery. These coverages are part of your own auto policy and are designed to step in when the at-fault driver cannot or will not pay. No coverage guarantee is made here — coverage depends on the policy language and the facts, and should be reviewed with qualified advice.
Three common situations
When the other driver’s coverage is not enough.
The at-fault driver does not have enough insurance
The driver’s liability limits are too low to cover the harm. Your underinsured motorist coverage may bridge the gap, subject to policy terms.
The at-fault driver cannot be identified (hit-and-run)
A driver leaves the scene and cannot be identified. Uninsured motorist coverage may apply to a hit-and-run, subject to conditions in the policy.
How your own coverage may apply
The claim turns to your policy.
Uninsured and underinsured motorist coverage is part of your own auto policy. It is designed to step in when the at-fault driver cannot or will not pay. The descriptions here are general and not a guarantee of any particular outcome.
No coverage guarantee is made. Review your actual policy language and seek qualified advice about your circumstances.
- 01
Your own policy may apply
Uninsured and underinsured motorist coverage is part of your own auto policy. It is designed to step in when the at-fault driver cannot or will not pay.
- 02
Coverage depends on the facts
Whether UM or UIM applies, and how much, depends on the driver’s status, your policy limits and the circumstances of the crash.
- 03
Multiple policies may be relevant
Coverage on other vehicles in the household, or on certain other policies, may sometimes be stacked. Identifying every layer is an early step.
- 04
Read the actual policy language
Policy terms, exclusions and notice requirements vary. Coverage questions should be reviewed against the actual policy and with qualified advice.
“You buy uninsured motorist coverage for exactly this moment — the crash where the other driver has nothing to give.”
What to do
A general sequence for a UM/UIM claim.
Cases vary, and policy notice requirements can be strict. This outline describes a general sequence, not advice for any particular case.
01
Identify the at-fault driver’s coverage
Determine whether the other driver was uninsured, underinsured or unidentified.
02
Review your own policy
Examine your UM/UIM limits, exclusions and any notice or cooperation requirements.
03
Identify every available layer
Check other household policies or coverage that may apply.
04
Preserve evidence and give notice
Document the claim and comply with policy notice conditions within required timeframes.
05
Seek qualified advice
Coverage questions are technical; review them against the actual policy language.
Evidence
Prove fault and the driver’s status.
UM and UIM claims generally require showing the other driver was at fault and establishing their coverage status — uninsured, underinsured or unidentified. The police report, witness statements, scene and damage photographs, any available video, and the complete medical record carry the claim.
Insurance & damages
Your policy, your recovery.
Recoverable damages depend on the facts, applicable law and your policy limits. Potential categories may include medical expenses, future medical needs, lost income, reduced earning capacity, pain and suffering and permanent impairment. Nothing here promises that any particular damages will be recovered.
Frequently asked questions
Uninsured & underinsured motorist questions, answered directly.
General information only, not legal advice for any particular situation.
Keep exploring
Related practice areas & resources.
Resource library
Car Accidents
The underlying collision and fault analysis behind most UM/UIM claims.
Pedestrian Accidents
Hit-and-run and uninsured-driver claims involving people on foot.
Bicycle Accidents
Cyclist claims when the at-fault driver cannot be identified.
The Injury Claim Process
The stages a serious claim may move through, start to finish.
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