Getting hit by a driver with no insurance or insufficient coverage could leave you with medical bills, vehicle damage, and lost income with no clear path to compensation. But even when the at-fault driver lacks adequate insurance, there are options available.
If an uninsured or underinsured driver hit you and you’re struggling with mounting expenses, contact Your Insurance Attorney today for a free consultation. We handle these complex claims and hold negligent parties accountable.
Key Takeaways for Uninsured and Underinsured Driver Accidents
- Your own uninsured motorist (UM) and underinsured motorist (UIM) coverage provides the primary protection when at-fault drivers lack adequate insurance
- You should document the accident thoroughly, notify your insurer promptly, and seek immediate medical attention regardless of who has insurance
- Filing a UM or UIM claim involves submitting evidence to your own insurance company, not the at-fault driver’s insurer
- You may sue uninsured drivers personally, though collecting on judgments proves difficult when defendants lack assets
- An experienced car accident lawyer strengthens UM/UIM claims by documenting full damages and challenging insurers who deny or undervalue valid claims
What Should I Do After Being Hit by an Uninsured Driver?
Discovering the at-fault driver has no insurance transforms what should be a straightforward claim into a complex situation involving your own insurance company. Taking the proper steps after learning about the insurance gap protects your ability to recover compensation.
Contact Your Insurance Company Immediately
Notify your own insurance company as soon as you discover the other driver lacks coverage. Most insurance policies require prompt notice of accidents regardless of who was at fault. Failing to notify your insurer within policy deadlines might jeopardize your uninsured motorist claim.
When reporting the accident, provide factual information about what happened. Do not speculate about fault or minimize your injuries. Explain that the other driver has no insurance, and provide all documentation you collected including the police report, photographs, and witness information.
Seek Medical Attention
If you have not already, get a complete medical evaluation (even if you feel fine). Many serious injuries including concussions, internal injuries, and soft tissue damage don’t produce symptoms for hours or days.
Delaying medical treatment allows insurance companies to argue your injuries weren’t caused by the accident or aren’t as severe as you claim.
Your medical records create a documented timeline linking your injuries directly to the collision. This evidence becomes critical when filing UM claims with your own insurer, which will scrutinize your claim just as carefully as they would evaluate a third-party claim.
Gather and Preserve All Documentation
Your car accident lawyer can help you compile comprehensive evidence supporting your claim:
- Police report showing the other driver’s lack of insurance
- Photographs of vehicle damage, accident scene, and visible injuries
- Medical records and bills from all treatment providers
- Pay stubs or income documentation showing lost wages
- Repair estimates or total loss valuations for your vehicle
- Witness statements and contact information
Keep organized records of every expense related to the accident, including mileage to medical appointments, prescription costs, and any out-of-pocket medical payments. Your UM claim should account for all financial losses stemming from the collision.
What Is Uninsured Motorist Coverage and How Does It Work?
Uninsured motorist (UM) coverage is auto insurance you purchase through your own policy that compensates you when at-fault drivers have no liability insurance. This coverage functions as a backup that steps in when negligent drivers cannot pay for damages they cause.
UM coverage typically includes two components: bodily injury coverage and property damage coverage:
- Bodily injury UM pays for medical expenses, lost income, pain and suffering, and other injury-related losses.
- Property damage UM covers vehicle repairs or replacement, though some states handle this differently or exclude it entirely.
Your UM coverage limits represent the maximum amount available for claims. This is why purchasing adequate UM limits when buying auto insurance matters significantly.
What Is Underinsured Motorist Coverage and When Does It Apply?
Underinsured motorist (UIM) coverage protects you when at-fault drivers carry liability insurance, but their policy limits fall short of covering your full damages. This scenario occurs frequently because many states require extremely low minimum liability coverage, which is insufficient for serious injuries.
UIM coverage bridges the gap between what the at-fault driver’s insurance pays and your actual losses. If the at-fault driver’s liability limits are less than your damages, your UIM policy may provide additional compensation up to your UIM limits.
How UIM Claims Calculate Available Coverage
UIM coverage typically works on a difference in limits or excess limits basis, depending on your state and policy language. Under difference in limits, your UIM coverage pays the difference between the at-fault driver’s liability limits and your UIM limits. Under excess limits, your UIM coverage adds to what the at-fault driver’s insurance pays.
Let’s take, for example, a scenario where the injured driver has $200,000 in UIM coverage and the at-fault driver carries $50,000 in liability:
- Difference in limits: The injured driver can access up to $150,000 in UIM coverage ($200,000 minus $50,000)
- Excess limits: You can access the full $200,000 in UIM coverage after exhausting the at-fault driver’s $50,000
Most states use the difference in limits approach. Your policy language determines which calculation applies to your claim.
Who Pays My Medical Bills if the Other Driver Has No Insurance?
Medical expenses after accidents with uninsured drivers create immediate financial pressure. Several coverage sources may pay your medical bills while your UM claim proceeds:
- Your health insurance can cover accident-related medical treatment regardless of how you were injured. However, health insurers may assert subrogation rights, meaning they can recover what they paid from any settlement or judgment you obtain.
- Personal injury protection (PIP) coverage, required in some states, pays medical expenses and lost income regardless of who caused the accident. PIP provides immediate payment without requiring you to prove fault or wait for UM claim resolution. However, PIP has limited policy amounts that may not cover extensive injuries.
- Medical payments (MedPay) coverage, available in many states, functions similarly to PIP but typically covers only medical expenses without the broader benefits PIP provides. MedPay pays your medical bills up to your coverage limits regardless of fault.
Both PIP and MedPay pay quickly and do not require proving the other driver’s negligence. These coverages provide immediate relief for medical bills while your UM claim proceeds through the longer investigation and negotiation process.
Can I Still Get Compensation if the At-Fault Driver Is Uninsured?
Yes, multiple paths to compensation exist even when at-fault drivers lack insurance. Your UM coverage provides the primary recovery source, but other options may supplement this coverage.
Your collision coverage pays for vehicle damage regardless of who caused the accident. While this doesn’t help with injury claims, it addresses property damage and allows you to repair or replace your vehicle without waiting for UM claim resolution. You’ll pay your collision deductible, which your insurer may attempt to recover from the at-fault driver later.
Suing Uninsured Drivers Personally
You may sue uninsured drivers personally to obtain judgments for your damages. Courts can award full compensation for medical expenses, lost income, pain and suffering, and property damage. However, winning a lawsuit represents only the first step in recovery.
Collecting on judgments against uninsured defendants proves extremely difficult. People who fail to maintain required auto insurance typically lack significant assets or income that can be garnished. You might obtain a judgment for $100,000 but recover nothing if the defendant has no money, no property, and no wages to garnish.
Some states allow wage garnishment, property liens, and bank account levies to enforce judgments. These collection tools become effective only when defendants have attachable assets. Your attorney evaluates whether pursuing an uninsured driver personally makes financial sense given the likely recovery.
Should I File an Uninsured Motorist Claim With My Own Insurance?
Filing a UM claim with your own insurer typically represents your best option for recovering compensation after accidents with uninsured drivers. UM coverage exists specifically for these situations and provides reliable payment backed by your insurance company’s financial resources.
Some accident victims hesitate to file UM claims fearing rate increases or policy cancellation. However, many states prohibit insurers from raising rates based solely on UM claims where you were not at fault. Check your state’s laws and policy terms to understand how UM claims affect your premiums.
When to Pursue Multiple Recovery Options
Pursuing both a UM claim and a personal lawsuit against the uninsured driver might make sense in limited circumstances. If the uninsured driver has significant assets, a personal lawsuit provides an avenue to recover damages exceeding your UM policy limits.
You should also consider whether the accident involved multiple defendants, such as a bar that overserved an intoxicated driver or an employer whose employee caused the crash while working. These additional parties may carry insurance coverage that supplements your UM claim.
Do I Need a Lawyer for an Uninsured or Underinsured Driver Accident Claim?
Hiring an attorney for UM and UIM claims provides significant advantages even though you’re dealing with your own insurance company. Insurers minimize payouts on all claims, including those filed by their own policyholders.
Your insurance company’s interests conflict with yours during UM and UIM claims. While the insurer collected premiums for this coverage, paying your claim reduces their profit. Adjusters employ the same tactics they use against third-party claimants: disputing liability, questioning injury severity, and making lowball settlement offers.
Personal injury lawyers experienced in UM and UIM claims provide critical services:
- Documenting damages including future medical expenses, reduced earning capacity, and ongoing pain
- Obtaining medical expert testimony explaining injury severity and permanence, if needed
- Challenging insurers who dispute liability or claim you were at fault
- Negotiating from positions of strength backed by evidence and legal knowledge
- Pursuing arbitration or litigation when insurers refuse fair settlements
FAQ for Uninsured and Underinsured Driver Accidents
Can I Sue an Uninsured or Underinsured Driver Personally?
Yes, you may sue uninsured or underinsured drivers for damages they caused. However, collecting on judgments proves difficult when defendants lack assets, income, or insurance to pay. Your UM coverage typically provides more reliable compensation than pursuing judgment collection against uninsured individuals.
What If I Don’t Have Uninsured Motorist Coverage?
Without UM coverage, your options become limited. You can pursue the uninsured driver personally through a lawsuit, though collection remains challenging. Your health insurance, PIP, or MedPay might cover medical expenses, and collision coverage may pay for vehicle damage, but you’ll struggle to recover other losses like pain and suffering.
How Much Can I Get From an Underinsured Motorist Claim?
UIM claims pay up to your policy limits minus what the at-fault driver’s insurance already paid, depending on your state’s calculation method. Your settlement will ultimately depend on your damages, your policy, and your state’s laws.
What Happens if an Uninsured Driver Totals My Car?
Your collision coverage or UM property damage coverage may pay for your totaled vehicle. You’ll receive the actual cash value (or coverage limit) of your car minus your deductible. Your insurer may pursue the uninsured driver for reimbursement, but this doesn’t affect your immediate claim payment.
What If I Was Hit by an Uninsured Driver in a No-Fault State?
No-fault insurance systems complicate claims involving uninsured drivers. In no-fault states, your PIP coverage pays your medical expenses and lost income regardless of who caused the accident. However, you may still pursue UM claims when injuries exceed your state’s threshold for stepping outside the no-fault system.
Protect Your Rights After an Uninsured Driver Accident
Uninsured and underinsured driver accidents create confusion and financial stress. Your Insurance Attorney fights for fair compensation when negligent drivers lack adequate coverage and when your own insurer undervalues valid UM or UIM claims.
We thoroughly investigate crashes, document damages, and negotiate aggressively with insurers who delay or deny payments. When insurance companies refuse fair settlements, we’re prepared to take your case to arbitration or trial.
Contact Your Insurance Attorney today for a free consultation about your uninsured or underinsured motorist claim. We handle these cases on a contingency fee basis—no recovery, no fee.
