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What if the At Fault Driver Does Not Have Enough Coverage

Your own policy, not theirs, is usually what pays the rest, if you carry the right coverage for it.

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What covers you when their insurance falls short

Underinsured motorist coverage This is the coverage that pays when the at-fault driver's limits don't cover your costs. Check whether you have it and what it would pay out.
Your own health coverage Medical bills beyond what the other driver's policy pays often go to your health insurance or your own medical payments coverage first. Know which one responds and in what order.
Collision coverage for your car If you carry collision coverage, it can pay to repair your car regardless of what the other driver's insurer offers. You may owe a deductible, but you get paid faster.
Suing the other driver directly You can pursue the at-fault driver personally for costs insurance doesn't cover. This usually only makes sense if they have real assets worth pursuing.
State minimums where you live How much coverage drivers are required to carry varies by state, and that shapes how often this situation happens. Check your state's minimums to understand your own exposure.

Will my rates go up if I use my own coverage this way?

Usually not, because you didn't cause the accident. Insurers generally reserve rate increases for crashes you're at fault for, and using underinsured motorist coverage or collision coverage after someone else hits you typically falls outside that.

That said, how insurers treat not-at-fault claims varies by company and sometimes by state. A small number of insurers do factor in any claim, regardless of fault, when they set future rates. Ask your insurer directly how they handle claims where you weren't at fault before you file, so you know what to expect rather than finding out after the fact.

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Whether you carry underinsured motorist coverage

If you do

You file a claim with your own insurer for the gap between what the at-fault driver's policy pays and what you actually owe. Your insurer evaluates your damages and pays out up to your policy's limit. You deal with your own company, not a stranger's insurer.

If you don't

You're left covering the difference yourself, through savings, your health insurance, or a lawsuit against the other driver. If they don't have meaningful assets, that gap may simply go unpaid. This is the scenario that catches people off guard most.

Compare quotes now that you know which coverage actually protects you when the other driver doesn't have enough.

Compare Auto Insurance Rates

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How much underinsured motorist coverage should I carry?

Enough to match or exceed your own liability limits, which is the general guideline most people use. If you'd struggle to cover a serious injury out of pocket, carrying higher limits matters more.

Think about your own finances, not just the law. Someone with significant savings or assets to protect generally benefits from higher limits, since they have more to lose in a lawsuit or unpaid medical bill. Ask your insurer what limits are available and what the cost difference actually is.

Does my insurance go after the at-fault driver to get its money back?

Yes, this is called subrogation, and it's standard practice. After your insurer pays your claim, they can pursue the at-fault driver or their insurer to recover what was paid out.

You usually don't have to do anything for this to happen, it happens behind the scenes. If your insurer recovers money, you may also get back any deductible you paid. Ask your claims adjuster whether subrogation applies to your situation and what it means for your deductible.

What if the at-fault driver has no insurance at all?

That's a related but different situation, covered by uninsured motorist coverage rather than underinsured motorist coverage. Many policies bundle these together, but they're technically separate protections.

If the other driver has zero coverage, uninsured motorist coverage is what responds, assuming you carry it. Check your policy declarations page to see whether you have both, since having one without the other leaves a real gap depending on what the other driver carries.