Uninsured Driver Hit Me: Now What?

Being involved in a car accident is stressful enough, but when the other driver is uninsured, it can be even more so. In the US, around 12-14% of drivers are uninsured, and this can cause complications when it comes to claiming compensation for damages and injuries. While car insurance is mandatory in most states, there are still many drivers who are uninsured or underinsured, and this can have serious financial implications for those involved in accidents with them. If you are hit by an uninsured driver, it's important to understand your rights and the steps you can take to protect yourself financially.

Your legal options

If you are hit by a driver with no insurance, your legal options will depend on several factors, including the state in which the accident occurred, who was at fault, and the type of insurance coverage you have. Here are some key points to consider:

No-Fault States vs. Tort States

The United States has two types of states when it comes to car accidents: no-fault states and tort states. In no-fault states, your own insurance coverage will typically pay for your medical bills and certain other covered losses after a car accident, regardless of who was at fault. This means that being hit by an uninsured driver may not significantly affect your ability to receive compensation. However, your ability to sue in no-fault states is restricted. You usually cannot sue the other driver unless you have suffered serious injuries or incurred medical bills exceeding a certain amount.

On the other hand, in tort states, the at-fault driver is typically responsible for compensating the other party for any damages. If you live in a tort state and the uninsured driver was at fault, you may need to explore other options to receive compensation.

Uninsured Motorist Coverage (UM)

Uninsured Motorist Coverage, or UM coverage, is a type of insurance that can help protect you in the event of an accident with an uninsured driver. If you have UM coverage, you can file a claim with your insurance carrier to cover some or all of the costs related to the accident, including car repairs, property damage, and medical bills. This type of coverage is required to be offered by insurers in certain states, such as California, and can provide valuable protection if you are hit by an uninsured driver.

Personal Injury Protection (PIP) or Medical Payments (MedPay) Coverage

In states that don't follow mandatory no-fault rules, you may have the option to purchase Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage. This type of coverage can help pay for your medical bills after a car accident, regardless of who was at fault. With PIP and MedPay, you can usually send in your bills as you receive them, rather than waiting until the completion of your treatment.

Underinsured Motorist Coverage (UIM)

Underinsured Motorist Coverage, or UIM coverage, is another type of insurance that can provide protection if you are hit by a driver with insufficient insurance coverage. UIM coverage will help pay for damages sustained in an accident with a driver who has car insurance but does not have enough coverage to pay for your injuries or property damage. This type of coverage is not required in most states but is typically available as an optional add-on to your policy.

Filing a Lawsuit

In some cases, you may have the option to file a lawsuit against the uninsured driver to recover damages. However, it's important to consider that the driver may not have the financial resources to pay for your losses, even if you win the case. Consult with an experienced attorney to review your specific situation and determine the best course of action.

Insurance coverage

If you are hit by a driver with no insurance, the first thing to do is to contact the police. This helps to establish a record for insurers, a timeline, and a clear account of what happened. You should also check on the condition of everyone involved.

In the US, car insurance is mandatory in most states, but around 12-14% of drivers do not have it. If you live in a no-fault state, your own insurance coverage will pay for your medical bills and certain other covered losses after a car accident, so the fact that the other driver wasn't insured might not matter as much. No-fault states also limit lawsuits filed against other drivers for medical costs associated with an accident. Twelve states are no-fault states. In these states, drivers are required to carry personal injury protection (PIP) coverage, which covers medical expenses caused by car accidents.

If you live in a tort state, you may have to worry about the uninsured driver who hit you. In this case, you can file a lawsuit against the uninsured driver to recover damages. However, if they don’t have the resources to pay, speaking with an attorney to learn your options is advised.

In states that don't follow mandatory no-fault rules, drivers can often purchase "personal injury protection" (PIP) or "Medical Payments" ("MedPay") coverage, which can be used to pay your medical bills after a car accident with an uninsured driver. Collision coverage can be added to a car insurance policy (at an extra cost) and will pay to repair your vehicle. Uninsured Motorist Coverage (UM) will cover any injuries and car repairs if you’re in a collision caused by a driver without insurance. Underinsured Motorist Coverage (UIM) is also available and will pay for damages sustained in an accident with a driver who does not have enough coverage to pay for your injuries.

Filing a claim

If you are hit by a driver with no insurance, the first thing to do is to check on the condition of everyone involved in the accident and contact the police. This helps to establish a record for insurers, a timeline, and a clear account of what happened. You should also try to gather as much information as possible, including the other driver's insurance and contact details, and take photos and videos of the accident.

When it comes to filing a claim, the process can vary depending on the state you are in and the type of insurance you have. Here are the steps you can take:

• Contact your insurance company: Get in touch with your insurance provider as soon as possible. They will guide you through the specific process of filing an uninsured motorist claim. Ask them about the coverage limits and deductibles that may apply to your claim.
• Provide necessary information: Give your insurance company all the details of the accident, including the police report, the other driver's information (if available), and any evidence you have gathered, such as photos or videos.
• Understand your coverage: Review your insurance policy to understand the extent of your coverage. Uninsured motorist coverage (UM) or underinsured motorist coverage (UIM) can help cover your medical bills, vehicle repairs, and other related expenses.
• Seek medical attention: It is important to prioritize your health and well-being. Seek medical attention as soon as possible, even if you don't think your injuries are serious. Some injuries may not be immediately apparent due to the adrenaline rush after an accident.
• Keep track of your expenses: Keep all receipts and documentation related to your medical treatment, vehicle repairs, and any other costs incurred as a result of the accident. These will be important when calculating your compensation.
• Explore legal options: Depending on the circumstances and the state you are in, you may have the option to file a lawsuit against the uninsured driver. Consult with an experienced attorney to understand your legal rights and options.

Remember that insurance laws and procedures can vary by state, so it is always best to consult with a knowledgeable professional who can guide you through the specific process in your state.

Suing for damages

If you've been hit by a driver with no insurance, you may be worried about how you'll cover the costs of repairs and medical bills. While it is possible to sue an uninsured driver, there are a few things to consider before taking this step.

Firstly, it's important to act quickly. Most insurance companies limit the time frame for making uninsured motorist claims, and this can often be as little as 30 days from the date of the accident. Secondly, you should check whether you live in a no-fault or tort state. If you live in a no-fault state, your own insurance coverage will pay for your medical bills and certain other losses, and your ability to sue the other driver is restricted. In a tort state, however, you may have more options for pursuing legal action against the uninsured driver.

If you decide to sue the uninsured driver, it's important to be aware that you may encounter challenges. For example, if the driver has no assets, you may not be able to recover any compensation from them, even if you win the lawsuit. In this case, suing for damages may not be worth the time and effort. Instead, you may want to consider seeking alternative methods of compensation, such as through your own insurance company or by filing a lawsuit against another liable party, such as the driver's employer or a business that served them alcohol before the accident.

Before making any decisions, it is highly recommended that you consult with a skilled attorney who can review your case and advise you on the best course of action. They can help you navigate the complex legal landscape and protect your rights.

If you choose to sue, be prepared to provide evidence to support your case. This can include photographs or videos of the accident, witness statements, medical records, and any relevant correspondence or documentation. It is also important to keep track of any expenses or losses incurred as a result of the accident, as these can be claimed as damages.

State-specific laws

California

In California, all drivers are required to carry auto insurance. However, if an uninsured driver hits you, you have several legal options to explore. Firstly, California mandates that insurance providers offer uninsured motorist (UM) coverage, which you can file a claim under to cover your costs related to the accident. The state-mandated minimum coverage levels are $15,000 per person, $30,000 per accident, and $3,500 in property damage. You can also choose to pursue a lawsuit against the uninsured driver to recover damages, although this may not be a feasible option if they do not have the resources to pay. Another option is to sue the driver for damages if they have substantial assets or are driving for a business, in which case you may be able to sue their employer.

New York

New York is a no-fault state, which means that each person's insurance company is responsible for covering their medical expenses and lost wages, regardless of who is at fault for the accident. This coverage is called "personal injury protection" or "no-fault" coverage. If your damages exceed the coverage provided by your insurance company, you may then pursue compensation from the other driver. However, if the other driver is uninsured, recovering damages can be complicated. You can explore your insurance options, such as filing a claim under your uninsured motorist (UM) coverage, or pursue a lawsuit against the uninsured driver, although this may not be worthwhile if they do not have the means to pay.

Texas

If you are in an accident with an uninsured driver in Texas, you can file a claim with your own insurance company if you have collision coverage or uninsured/underinsured motorist coverage. Your insurance will cover your repair costs and, in the case of uninsured motorist coverage, may also pay for hit-and-run accidents if you did not get the other driver's insurance information. It is important to obtain the other driver's insurance information at the accident scene, if possible, and file a claim with their insurance company. If the other driver's insurance company refuses to pay, you may need to explore other options, such as contacting your own insurance company or seeking legal advice.

Florida

In Florida, it is illegal to drive without insurance, and failure to maintain the required insurance coverage may result in the suspension of your driver's license and registration, as well as a reinstatement fee of up to $500. If you are hit by an uninsured driver in Florida, you may need to obtain a police report to get their insurance information. While driving without insurance in Florida may not always result in an immediate arrest or jail time, it can lead to legal consequences, including fines and license suspension.

Frequently asked questions