What to Do If You’re Hit by a Drunk Driver with No Insurance

Being in a car accident is already stressful. When the other driver is drunk and has no insurance, it becomes even more complicated. In Pennsylvania, where car insurance is required by law, encountering an uninsured driver can raise many questions. Who pays for the damage? Can you still seek compensation? What legal steps should you take?

Make Safety the Priority

After any accident, the first step is to check for injuries. If anyone is seriously hurt, call 911 right away. Even if injuries seem minor, it’s still wise to get checked out by a medical professional. Some injuries—like whiplash or internal bleeding—don’t show symptoms immediately.

Move to a safe location if possible. If the vehicle is drivable and it’s safe to do so, pull over to the shoulder. Turn on hazard lights and wait for help. Safety always comes first.

Call Law Enforcement to the Scene

It’s important to have police respond to the crash, especially if the other driver is intoxicated or uninsured. The police report will document the incident, including the other driver’s condition, behavior, and insurance status—or lack of it.

This report can later serve as key evidence in any personal injury or uninsured motorist claim. Officers may also arrest the at-fault driver for DUI, which could support your case later.

Exchange Information, Even If They’re Uninsured

Even if the other driver admits they don’t have insurance, you should still exchange information. Get their full name, address, phone number, driver’s license number, and vehicle registration. If they’re uncooperative or aggressive, wait for the police to handle it.

Also, gather names and contact details of any witnesses who saw the crash. Witness testimony can strengthen your case if there’s a dispute about what happened.

Take Photos and Document the Scene

Use your phone to take photos of the vehicles, license plates, road conditions, skid marks, and any visible injuries. This visual evidence can help prove the severity of the accident and show that the other driver was at fault.

If you notice signs of intoxication—such as slurred speech, open containers, or unsteady movement—make note of that. Mention it to the responding officer, but avoid confronting the driver directly.

Seek Medical Attention and Keep Records

Even if you walked away from the crash, it’s critical to see a doctor as soon as possible. Injuries from car accidents often worsen over time. Medical records also link your injuries directly to the crash, which is important if you file a claim later.

Keep all receipts, bills, and records related to your treatment. This includes doctor visits, medications, therapy, and any travel expenses related to your care.

Understand How Pennsylvania Insurance Works

Pennsylvania is a “choice no-fault” state. This means drivers can choose between full tort and limited tort insurance options when buying coverage. Regardless of the option, your own insurance may help you after a crash—even if the other driver was at fault and had no coverage.

Here are a few parts of your policy that could apply:

• Personal Injury Protection (PIP): This covers medical bills and lost wages, regardless of fault.

• Uninsured Motorist (UM) Coverage: This can help if the at-fault driver has no insurance. It covers medical expenses, pain and suffering, and other damages.

• Collision Coverage: This pays to repair or replace your vehicle.

Not all drivers carry UM coverage, as it’s optional in Pennsylvania. If you do have it, this may be your best route to compensation.

Talk to a Personal Injury Lawyer

When you’re hit by an uninsured drunk driver, your situation may involve both a criminal case (for DUI) and a civil case (for your damages). A personal injury lawyer can help you navigate the process and determine what compensation you may be eligible to receive.

They’ll also help you deal with insurance companies, who often try to minimize payouts. Your lawyer can negotiate on your behalf and, if needed, represent you in court to pursue full compensation.

Explore Other Legal Options

If the drunk driver has no insurance, you may consider suing them personally. However, many uninsured drivers don’t have the financial resources to pay damages out of pocket, even if you win a judgment. Your lawyer can help you assess whether this is a realistic option in your case.

If the driver was driving someone else’s car, you might be able to file a claim against the car owner’s insurance policy—if it exists. In some cases, a bar or restaurant that overserved the driver could also be held liable under Pennsylvania’s dram shop laws.

File an Insurance Claim as Soon as Possible

Most insurance policies have time limits for filing claims. Don’t wait too long to notify your insurer about the accident. Provide them with the police report number, photos, and any other documentation you’ve collected. If you’re unsure what to say or how to file, your lawyer can help you draft the report or handle communications entirely.

Take Care of Your Emotional Recovery

A crash caused by a drunk driver can leave emotional scars along with physical injuries. Don’t ignore the mental impact of the event. Talking to a counselor or therapist can help you process the trauma. You may also be entitled to compensation for emotional distress, pain and suffering, and reduced quality of life.

Conclusion

Being hit by a drunk driver is already upsetting. Learning that they’re also uninsured adds another layer of frustration. While this situation can be difficult, you’re not without options. Your own insurance may provide support, and a personal injury lawyer can help explore every path to compensation.

Protect yourself by documenting everything, seeking medical help, and getting legal advice early on. Taking the right steps after the crash can make a big difference in your recovery—physically, emotionally, and financially.