Getting hit by an uninsured driver creates frustration on top of your injuries. You’re facing medical bills and lost wages with no obvious insurance company to cover your losses. The situation feels hopeless, but you have more options than you might think.
Our friends at Presser Law, P.A. discuss strategies for recovering compensation when at-fault drivers lack insurance coverage. A car accident lawyer can identify all available sources of compensation and pursue recovery through your own insurance or the defendant’s personal assets.
We handle uninsured motorist cases regularly. These tips help you maximize your recovery when the at-fault driver has no insurance to pay your claim.
1. Understand Your Uninsured Motorist Coverage
Check your own auto insurance policy immediately. Most policies include uninsured motorist (UM) coverage that pays for injuries caused by drivers without insurance.
Your UM coverage steps in when the at-fault driver has no insurance. According to the Insurance Information Institute, this coverage is designed specifically for this situation and can provide substantial compensation.
Review your insurance declarations page to know your UM limits. This coverage might be your primary source of compensation.
2. Document Everything About the Other Driver
Get as much information about the uninsured driver as possible:
- Full name and contact information
- Driver’s license number and state
- Vehicle make, model, and license plate
- Current address and employer information
- Any insurance information they claim to have
Even if they say they’re uninsured, document what they tell you. Sometimes drivers are wrong about their coverage status or have policies they forgot about.
3. File a Police Report Immediately
Police reports document that an accident occurred and identify the at-fault driver. This official record becomes important when filing claims with your own insurance company.
The report also helps if you later need to pursue the driver’s personal assets. It establishes fault and creates a public record of the accident.
4. Notify Your Insurance Company Quickly
Most policies require prompt notification of accidents, especially when claiming UM benefits. Report the accident to your insurer within the timeframe your policy specifies.
Provide the police report number, the other driver’s information, and details about your injuries. Your insurance company will investigate and verify that the at-fault driver truly lacks coverage.
5. Don’t Assume the Driver Has No Assets
Some uninsured drivers own homes, vehicles, businesses, or other assets that can be used to pay judgments. We conduct asset searches to determine whether pursuing the driver personally makes sense.
If the driver has collectible assets and your damages exceed your UM coverage, litigation might recover additional compensation. Not all uninsured drivers are judgment-proof.
6. Consider All Potentially Liable Parties
Look beyond the driver for other sources of compensation. If the driver was working, their employer might be liable even if the driver lacks personal insurance. If the vehicle was borrowed, the owner’s insurance might apply.
Defective vehicle parts, dangerous road conditions maintained by government entities, or other contributing factors might create additional claims against parties with insurance or assets.
7. Understand How UM Claims Differ From Third-Party Claims
Filing a UM claim with your own insurance company feels different from claiming against another driver’s insurer. You’re dealing with your own insurance company, which might seem friendlier but still wants to minimize payouts.
UM claims often require arbitration if you and your insurer disagree about case value. Your policy specifies the claims process and dispute resolution methods. Read these provisions carefully.
Your insurance company has the same obligations to handle UM claims fairly as they would for coverage you purchased. They can’t treat you unfairly just because they’re paying the claim.
8. Don’t Settle Your UM Claim Too Quickly
Insurance companies often offer quick UM settlements hoping you’ll accept before understanding your complete injuries. Once you settle and sign a release, you can’t pursue additional compensation later.
Wait until you reach maximum medical improvement and understand your long-term prognosis. Future medical needs, permanent limitations, and lost earning capacity must be included in settlement calculations.
How Uninsured Motorist Coverage Works
UM coverage provides compensation for injuries caused by drivers without insurance or hit-and-run drivers who can’t be identified. It typically covers medical expenses, lost wages, pain and suffering, and other damages you would have recovered from the at-fault driver’s insurance.
Your UM limits represent the maximum your insurer will pay. If you carry $100,000 in UM coverage, that’s your ceiling even if damages exceed this amount.
Underinsured vs. Uninsured Coverage
Underinsured motorist (UIM) coverage is related but different. UIM applies when the at-fault driver has insurance but their limits don’t cover your full damages.
Both coverages protect you when other drivers lack adequate insurance. Make sure you understand which coverage applies to your situation.
State Requirements for UM Coverage
Some states require insurance companies to offer UM coverage, though you can decline it. Other states mandate UM coverage in all policies. Requirements vary significantly by jurisdiction.
If you declined UM coverage when purchasing your policy, you won’t have this protection. Review your current coverage and consider adding UM protection if you don’t have it.
Pursuing Uninsured Drivers Personally
When UM coverage doesn’t fully compensate your damages and the uninsured driver has assets, personal litigation might be warranted. This requires filing a lawsuit, obtaining a judgment, and then collecting through wage garnishment, property liens, or asset seizure.
Collection is often difficult and time-consuming. Many uninsured drivers lack attachable assets or income. We evaluate whether collection efforts are likely to succeed before recommending this path.
Hit-and-Run Situations
When drivers flee the scene and can’t be identified, UM coverage still applies. You must report the hit-and-run to police and cooperate with their investigation.
Some policies require actual physical contact between vehicles for UM coverage to apply to hit-and-run claims. Review your policy language carefully.
Stacking UM Coverage
Some states allow stacking UM coverage from multiple vehicles on your policy, multiplying available compensation. If you insure three vehicles with $50,000 UM coverage each, stacking might provide $150,000 in coverage.
Stacking rules vary by state and policy. Ask your insurance company whether your coverage can be stacked and how much total UM protection you have.
The Importance of Adequate UM Coverage
Many people carry minimum UM limits to save on premiums. This leaves them underprotected when hit by uninsured drivers.
Review your UM coverage and consider increasing it. This protection costs relatively little but provides valuable coverage in situations where you’d otherwise have no compensation source.
Why These Cases Need Legal Help
UM claims involve your own insurance company, which creates different dynamics than third-party claims. You need someone protecting your interests against an insurer whose financial incentive is minimizing what they pay you.
We also investigate whether other compensation sources exist beyond your UM coverage. Missing additional liable parties or collectible assets means leaving money on the table.
If you’ve been hit by an uninsured driver, we can review your UM coverage, investigate whether the driver has collectible assets, identify any additional liable parties, and pursue maximum compensation available through all sources while you focus on recovering from your injuries.