What Happens if a Car Hits Me and I Only Have Liability
Liability covers damage you cause to others, so if someone else hits you, their liability coverage is what pays for your car and your injuries.
The other driver's insurance pays
Your own liability coverage only pays for damage you cause to someone else. It doesn't pay to fix your car or cover your medical bills when another driver hits you. For that, you file a claim against the driver who caused the accident, using their liability coverage.
This works as long as the other driver is identified, insured, and found at fault. If any of those three things isn't true, having only liability on your own policy leaves you with no way to recover your own losses through your insurer.
Whether the other driver actually has insurance
A claim against the other driver's liability coverage only works if that coverage exists. Every state requires drivers to carry some liability insurance, but not every driver does, and some carry the state minimum, which may not cover the full cost of your damage.
If the other driver is uninsured, or underinsured for what you're owed, your own liability-only policy gives you nothing to fall back on. You would need uninsured or underinsured motorist coverage on your own policy to be paid in that situation, and that's a separate coverage from liability.
Check your own policy to see whether you carry uninsured or underinsured motorist coverage. If you don't, this is the gap that liability alone leaves open.
Whether fault is clear
Getting paid depends on the other driver being found at fault. If fault is disputed, their insurer may investigate, delay, or offer less than your damage is worth before accepting the claim.
A police report, photos from the scene, and contact information for any witnesses all help establish what happened. The more evidence there is, the harder it is for an insurer to argue fault some other way.
Some states assign fault differently than others, splitting it between drivers in some cases. How your state handles shared fault can affect how much you're paid even when the other driver is mostly responsible.
Questions people ask about this
Do I need to call my own insurance if the other driver was at fault?
Most policies require you to report any accident, even one that wasn't your fault. Check your policy or ask your insurer directly, since not reporting it could affect coverage later if the other driver's claim falls through.
What if the other driver doesn't have insurance?
Without uninsured motorist coverage on your own policy, you'd have to pursue the other driver directly for payment, which can mean a lawsuit. This is the main reason many drivers add uninsured motorist coverage even when they otherwise carry only liability.
Will my rates go up if someone else hits me?
An accident that wasn't your fault generally shouldn't raise your rates, but insurers vary in how they handle this. Ask your insurer how an not-at-fault accident is recorded and whether it affects your premium.
How long do I have to file a claim against the other driver's insurance?
Each state sets its own time limit for filing a claim or lawsuit after an accident. Check with your state's insurance department or an attorney to find out the deadline where you live.
Should I add collision coverage so my own insurer pays right away?
Collision coverage pays to repair your car regardless of fault, and your insurer then seeks reimbursement from the at-fault driver's insurer. It costs more than liability alone, but it means you're not waiting on another insurer's investigation to get your car fixed.
If this has you rethinking what your policy actually covers, see what fuller coverage would cost.
Pull up your current policy and check whether you carry uninsured or underinsured motorist coverage, since that's what protects you if the other driver can't pay. If you don't have it, ask your insurer what it would cost to add. After any accident, get a police report and take photos at the scene, since that evidence matters if the other driver's insurer disputes fault. If you want your own insurer to pay upfront and let them pursue the other driver, ask what collision coverage would add to your premium.
