Who pays if the other driver has no insurance?

Your own uninsured motorist coverage, if you carry it, is generally what pays. Without it, you'd have to pursue the at-fault driver personally, which is often hard to actually collect on.

Should I accept the insurance company's first offer?

Not before you understand the full cost of your injuries and repairs — initial offers are often lower than what a claim is ultimately worth.

Do I have to report a minor fender-bender to police?

Many states require a report above a certain damage or injury threshold; even below it, a report can help if a dispute arises later.

What if I was partly at fault?

In most states you can still recover, reduced by your share of fault. A handful of states bar any recovery if you're even minimally at fault.

How long do I have to file a claim after a car accident?

Deadlines vary by state and by whether it's a property damage or injury claim — typically a few years, so check your state's specific rule.

Does my insurance rate go up if I'm not at fault?

It can vary by insurer and state, but being found not at fault generally protects your rate more than an at-fault accident would.

Car Accidents

Legal information last reviewed: July 3, 2026

After a car accident, the immediate priority is safety and documentation. Who's found at fault determines whose insurance pays, and how you handle the first hours and days often affects how strong that claim ends up being.

At the scene

Call police for anything beyond very minor damage, exchange insurance and contact information, photograph the vehicles, damage, license plates, and road conditions, and get contact information from any witnesses.

Determining fault

Fault is worked out from police reports, traffic laws, damage patterns, and witness statements. Many states use a comparative fault system that lets both drivers share some percentage of blame.

Filing the claim

Report the accident to your own insurer regardless of fault, since most policies require prompt notice. The at-fault driver's liability coverage typically pays for the other driver's damages and injuries.

What your insurance actually covers

Liability coverage pays others when you're at fault. Collision covers your vehicle regardless of fault, subject to a deductible. Uninsured/underinsured motorist coverage protects you if the other driver has too little or no insurance. Medical payments or PIP coverage, where carried, helps with medical bills regardless of fault.

No-fault states

About a dozen states require drivers to carry personal injury protection (PIP) and turn first to their own insurer for medical bills regardless of fault, generally reserving lawsuits for more serious injuries above a set threshold.

When to hire a lawyer

Handle minor property-damage-only accidents with clear fault yourself. Bring in a lawyer when there's a real injury, disputed fault, a commercial vehicle involved, or an insurer denying or lowballing a claim that involves medical treatment.

Frequently asked questions

Who pays if the other driver has no insurance?: Your own uninsured motorist coverage, if you carry it, is generally what pays. Without it, you'd have to pursue the at-fault driver personally, which is often hard to actually collect on.
Should I accept the insurance company's first offer?: Not before you understand the full cost of your injuries and repairs — initial offers are often lower than what a claim is ultimately worth.
Do I have to report a minor fender-bender to police?: Many states require a report above a certain damage or injury threshold; even below it, a report can help if a dispute arises later.
What if I was partly at fault?: In most states you can still recover, reduced by your share of fault. A handful of states bar any recovery if you're even minimally at fault.
How long do I have to file a claim after a car accident?: Deadlines vary by state and by whether it's a property damage or injury claim — typically a few years, so check your state's specific rule.
Does my insurance rate go up if I'm not at fault?: It can vary by insurer and state, but being found not at fault generally protects your rate more than an at-fault accident would.

Car Accidents laws by state

The rules covered here are general — specifics like deadlines, dollar limits, and required forms vary by state.

Find your state

Related practice areas

Personal Injury

Recovering compensation after an accident — negligence, damages, and how settlements work.

Medical Malpractice

When a provider's negligence causes harm — proving breach of the standard of care.

Product Liability

Injuries from defective products, and the theories that hold manufacturers responsible.

This page is general information, not legal advice, and isn't a substitute for talking to a licensed attorney about your specific situation. Read our full disclaimer.