What Happens If the Driver Who Hit Me Doesn’t Have Insurance?

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By Adam Wasserman
October 3, 2025 11am

Picture this: you’re in a crash, and the other driver admits they don’t have insurance. Most people panic and think they’re out of luck. The good news? That’s not true — at least if your own policy is set up right.

Uninsured Motorist Coverage (UM)

This is the coverage that steps in when the other driver has no insurance.

  • Delaware: You’re required to carry UM coverage unless you specifically waive it. The minimum is $25,000 per accident.
  • Pennsylvania: Insurance companies are required to offer you UM, but you can choose to reject it. The minimum if you carry it is $15,000.

How It Works

If the at-fault driver has no insurance, your UM coverage pays you for pain, suffering, and injuries — up to the limits you bought.

So instead of hoping the uninsured driver has money in their pocket (spoiler: they usually don’t), your own policy covers you.

Out-of-State Drivers

What if the driver is from another state? Same idea. You can file your claim in Delaware or Pennsylvania if that’s where the crash happened. The only difference is the limits or rules might look different depending on their policy.

The Danger of Waiving UM

In Pennsylvania, people sometimes reject UM to save a couple bucks. That’s a mistake. One serious crash with an uninsured driver can leave you with nothing. Delaware drivers can technically waive it too, but I strongly recommend against it.

Final Word

Don’t assume you’re powerless if the other driver has no insurance. Your own policy is your safety net. Make sure you carry strong UM coverage — because you can’t control who hits you, but you can control how well you’re protected.

Further Reading

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