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Hit by an Uninsured Driver? What to Do After a Car Accident with an Uninsured Driver

  • Writer: Tom Fowler
    Tom Fowler
  • Oct 28
  • 5 min read

Car accidents are always stressful, but what happens when you get into an accident with someone who doesn't have auto insurance? Iowa requires all drivers to have liability car insurance, yet many people still drive without insurance. If you get hit by a driver with no insurance, it's common to feel overwhelmed, especially if the driver who hit you is at fault. Knowing what to do following a car accident with a driver without insurance, can help you have a chance to recover compensation. 


Step 1: Ensure Safety and Call for Help Following A Car Accident with an Uninsured Driver

Step 1: Ensure Safety and Call for Help Following A Car Accident with an Uninsured Driver


The first thing you must do following a car accident is ensure the safety of any person involved in the accident, including drivers and passengers. Call 911 to report the accident, and if there are injuries, even if they are minor, it's always a good idea to have an ambulance on the scene, too. This is important to any future claims, even if they are not serious injuries.


All of the vehicles involved in the crash should be moved out of traffic, if possible, and all drivers should turn on their hazard lights. 


Step 2: Contact Law Enforcement When Hit by an Uninsured Motorist or an Underinsured Motorist


A police report is extremely important following an accident when a driver is uninsured. Police officers will investigate the scene, take statements from everyone involved, talk to witnesses, and file a report. They will also take note of each driver's insurance policy, so having this on record is important.


Car insurance is mandatory. Since Iowa requires drivers to at least have liability insurance, if a driver doesn't want to give insurance information, or they ask to "handle it privately," the other driver shouldn't agree. To file an uninsured motorist claim, you will need this official documentation. If you don't have it and try to file a claim, proving fault and getting compensation for your injuries could be difficult. For more information, Des Moines accident attorneys may be able to help.


Step 3: Gather Evidence at the Scene When Hit by an Uninsured Driver


When involved in a car accident with an uninsured or underinsured motorist, while waiting for law enforcement or medical services to arrive, you should be collecting information, including the following: 


  • The other driver’s name, contact details, and driver’s license number.

  • Vehicle make, model, and license plate.

  • Photos of vehicle damage, road conditions, skid marks, and any visible injuries.

  • Witness names and contact information.


Since uninsured and underinsured drivers might not be cooperative, making sure you collect enough evidence is important. Taking photos and videos of things like the damage to your car, any injuries, road conditions, skid marks, and traffic signals can help with a claim when you call your insurance company to discuss insurance options. 


Step 4: Notify Your Insurance Company to Report the Accident and Ask About Uninsured Motorist Coverage


Speaking of insurance, you may need to file a claim with your insurance company. After leaving the scene, victims should contact their own insurance company. Making a claim with your insurance provider is important because you may have uninsured or underinsured motorist coverage on your policy. With underinsured or uninsured motorist insurance, you get financial protection even if the at-fault driver doesn't have insurance. 


Uninsured and underinsured motorist insurance usually covers the following: 


  • Medical expenses

  • Lost wages

  • Pain and suffering

  • Property damage (depending on the policy)


If you don't have an auto insurance policy with this type of coverage, depending on the type of insurance policy you have, other forms of coverage may help cover damages. Reporting the accident quickly ensures the insurer cannot deny a claim based on late notification.


Step 5: Seek Medical Evaluation After an Uninsured Driver Accident


Even if you don't have injuries or your injuries are minor, having medical documentation is important. A doctor can identify hidden injuries, and their reports will be good evidence when trying to get compensation after you're hit. Delaying treatment when you are hit by someone who doesn't have car insurance will give insurers, including your own insurance company, an excuse to state that the injuries were not related to the accident. So, if you are injured in the accident, even if they are minor injuries, get seen by a doctor. 


Step 6: Understand Iowa’s Laws on Uninsured Drivers And How to Deal with a Driver Who is Uninsured


Since the state of Iowa requires all drivers to at least have liability insurance, every uninsured motorist and underinsured motorist faces penalties if that driver caused the accident. These might be fines, a suspended license, or their vehicle may be impounded. However, if the at-fault driver has no insurance and they face legal ramifications, that doesn't mean that the victim will be covered for their car accident injuries. 


Around 14% of drivers don't have car insurance coverage, according to the Insurance Research Council. Many drivers don't have insurance because they can't afford it, and if they don't have that, they likely don't have the financial resources to pay for damages out of pocket. This is why it's so important to have uninsured and underinsured motorist coverage as part of your insurance policy. 


Step 7: Avoid Common Mistakes If An Accident is Caused by an Uninsured Driver


Accident victims often make critical errors after crashes with uninsured drivers, including:


  • Accepting cash on the spot instead of reporting the accident.

  • Failing to call police because the other driver requested it.

  • Not seeking medical treatment immediately.

  • Posting accident details on social media.

  • Admitting fault, even partially, before an investigation is complete.


These mistakes can severely damage any possible claim and make financial recovery far more difficult.


Step 8: Consider Legal Guidance With a Car Accident Attorney


A car accident with an uninsured motorist is often complex and confusing. Insurance companies may try to minimize payouts if you try to make a car accident claim, and navigating policy language can be difficult. A personal injury attorney can:


  • Review insurance coverage to determine the best path for compensation.

  • Negotiate with the car insurance company to maximize settlement offers.

  • Investigate the accident and gather supporting evidence.

  • File a lawsuit against the at-fault driver for uninsured motorist property damage.


Local experience matters. A Des Moines car accident lawyer understands Iowa’s insurance laws and court procedures, providing valuable support during the process following an accident with a driver without auto insurance, even if the other driver flees or tries to say they are not at fault for the accident. Tom Flower Law can also advise on what to do after a car accident with injuries.


Step 9: Track Expenses and Recovery for Your Insurance Claim


The insured driver should maintain detailed records of:


  • Medical bills and treatment notes

  • Prescription costs

  • Vehicle repair estimates or receipts

  • Lost wages and time off work

  • Pain journals documenting recovery


These records strengthen the claim if you file a car accident lawsuit and help demonstrate the full financial impact of the accident, which, in turn, can be used to show the auto insurance company how much you have paid. Tom Flower Law is also able to explain what to do after a car accident as a passenger.


Talk to an Attorney When in an Accident Caused by an Uninsured Driver

Talk to an Attorney When in an Accident Caused by an Uninsured Driver


Being hit by an uninsured driver creates challenges, but victims are not without options. The right steps—calling law enforcement, gathering evidence, seeking medical treatment, and notifying the insurance company—protect health and legal rights. Most importantly, consulting a personal injury attorney in Des Moines can provide clarity and help pursue full compensation.


For those struggling after an uninsured driver accident, Tom Fowler Law offers the local experience and legal support needed to guide victims through every stage of recovery. The person who caused the accident needs to take responsibility. If you have been in a collision involving an uninsured driver, reach out for a free consultation.

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