What Happens If the Driver Who Hit You Has No Insurance?
Being hit by an uninsured driver is one of the most frustrating situations an accident victim can face. According to the Insurance Research Council, approximately 15% of drivers — roughly 1 in 7 — were uninsured in 2023. But being hit by one doesn't mean you're without options — far from it. Here's what you need to know.
Your Uninsured Motorist (UM) Coverage
If you have uninsured motorist (UM) coverage on your own auto insurance policy — which is required in many states and strongly recommended everywhere — you can file a claim with your own insurer to cover your injuries and damages. Your UM coverage steps in to pay what the at-fault driver's insurance would have paid.
- UM coverage pays for your medical bills, lost wages, and pain & suffering
- UMBI (bodily injury) covers your injuries; UMPD (property damage) covers your vehicle
- Your rates should NOT increase for filing a UM claim — you are the victim
- Your insurer may still try to minimize your claim — consult an attorney
Underinsured Motorist (UIM) Coverage
If the at-fault driver has insurance but their policy limits are too low to cover your damages, your underinsured motorist (UIM) coverage can make up the difference. For example, if the other driver has $25,000 in coverage but your damages total $100,000, your UIM coverage can cover the remaining $75,000 (up to your policy limits).
Suing the Uninsured Driver Directly
You can sue an uninsured driver personally in civil court. If you win a judgment, you can pursue their wages, bank accounts, and assets. The practical challenge is that many uninsured drivers have limited assets — they're uninsured precisely because they can't afford insurance. However, this option is worth exploring with an attorney, especially if the driver has assets or income.
State Victim Compensation Funds
Some states have victim compensation funds that may provide limited assistance to accident victims who cannot recover from the at-fault driver. These vary significantly by state and typically have strict eligibility requirements and caps on compensation.
What to Do at the Scene
If you discover the other driver is uninsured at the scene, take these steps:
- Call the police and get a police report — this is essential for a UM claim
- Document everything: photos, witness information, the other driver's information
- Do NOT let the other driver talk you out of calling the police
- Contact your own insurance company promptly
- Consult an MVA attorney before accepting any settlement from your own insurer
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. CarAccidentInjuryLawyer.com is a legal referral service, not a law firm. Every case is unique — consult a licensed attorney for advice specific to your situation.
Hit by an Uninsured Driver?
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