What Should You Do If an Uninsured Driver Hits You?

Getting into a car accident is stressful enough, but discovering the at-fault driver has no insurance can make the situation feel overwhelming. You’re left wondering how you’ll cover medical bills, vehicle repairs, and other expenses when the person responsible is unable to pay.

Unfortunately, uninsured drivers are more common than you might think. According to the Insurance Research Council, approximately 15.4% of drivers nationwide operate without insurance coverage. This means roughly 1 in 8 drivers on the road could leave you financially vulnerable after an accident.

The good news is that you’re not without options. Understanding your rights and the steps to take immediately after an accident with an uninsured driver can protect your interests and help you recover the compensation you deserve. The process differs significantly from typical car accident claims, but with the right approach and help from the car accident attorneys at Jacobs & Dow, LLC, you can still pursue fair compensation for your losses.

Immediate Actions After the Accident

Your first priority after any accident should be safety and documentation, regardless of the other driver’s insurance status. Take these crucial steps at the scene:

• Ensure everyone’s safety by moving to a safe location if possible and calling 911 if anyone is injured. Even minor accidents benefit from police documentation, especially when dealing with uninsured drivers.
• Gather comprehensive information from the other driver, including their full name, contact information, driver’s license number, and vehicle details. Don’t assume they’re uninsured just because they can’t produce an insurance card — some drivers forget their documentation or have recently changed policies.
• Document everything thoroughly by taking photos of vehicle damage, the accident scene, license plates, and any visible injuries. Collect contact information from witnesses, as their testimony may become crucial when filing your claim.
• Avoid admitting fault or making statements about what happened beyond basic facts. Let the insurance companies and police determine fault based on evidence.

Understanding Uninsured Motorist (UM) Coverage

When the at-fault driver lacks insurance, your own policy becomes your primary source of compensation. This is where Uninsured Motorist (UM) coverage proves invaluable.

• Uninsured Motorist Coverage pays for your medical bills, lost wages, and sometimes vehicle damage when the at-fault driver has no insurance. Most states, including Connecticut, require or strongly recommend this coverage, though limits and requirements vary by location.
• Underinsured Motorist (UIM) Coverage helps when the at-fault driver has insurance but insufficient coverage to pay for all your damages. This coverage kicks in when their policy limits are exhausted.
• Personal Injury Protection (PIP) and MedPay provide “no-fault” coverage for medical expenses regardless of who caused the accident. PIP often includes additional benefits, such as lost income replacement, while MedPay typically covers only medical costs.

Review your policy to understand what coverage you have and your limits. If you’re unsure about your coverage details, contact your insurance agent or company for clarification.

Filing a Claim with Your Insurance Company

The claim process with an uninsured driver requires you to work primarily with your own insurance company rather than pursuing the at-fault driver’s insurer.

Contact your insurance company immediately to report the accident. Provide them with all the information you gathered at the scene, including police report numbers, witness statements, and documentation of damages.

Your insurer will assign a claims adjuster to investigate the accident. They’ll review police reports, interview involved parties and witnesses, and assess your damages to determine fault and appropriate compensation under your policy limits.

Be prepared to provide detailed documentation of your losses, including medical bills, repair estimates, proof of lost income, and receipts for any accident-related expenses. Keep organized records of all communications with your insurance company.

Key Differences in the Claim Process

Filing a claim after an accident with an uninsured driver differs significantly from typical car accident claims:

• You file with your own insurer instead of the at-fault driver’s insurance company. This means you’re essentially making a claim against your own policy, which can feel counterintuitive but is necessary when the other driver lacks coverage.
• Your insurance company conducts the investigation, reviewing evidence to establish fault and determine payouts according to your specific policy terms and limits.
• Reliance on your policy’s coverage types becomes critical. Your compensation depends on what coverage you purchased and your policy limits, not the extent of your actual damages.
• Deductibles may apply depending on your coverage types and policy terms. Some UM coverage includes deductibles, while others don’t.
• Settlement negotiations occur with your own insurer, which can create an unusual dynamic since you’re negotiating with the company you pay premiums to for protection.

Exploring Legal Options

While insurance coverage provides one path to compensation, you also have legal options against the uninsured driver.

You can file a lawsuit directly against the uninsured driver for your damages. If successful, you’ll receive a judgment requiring them to pay compensation for your medical bills, lost wages, pain and suffering, and property damage.

However, collecting on a judgment against an uninsured driver often proves challenging. Many drivers without insurance lack sufficient financial resources to pay substantial judgments, making collection difficult or impossible.

An experienced auto accident attorney can evaluate whether pursuing legal action makes sense in your situation. They can assess the other driver’s assets, explore all potential sources of compensation, and handle negotiations with your insurance company to ensure you receive fair treatment under your policy.

Legal counsel becomes particularly valuable when dealing with severe injuries, disputed fault, or when your insurance company undervalues your claim. Attorneys understand the complexities of uninsured motorist claims and can protect your rights throughout the process.

Protecting Your Rights and Seeking Fair Compensation

You need an experienced professional auto accident attorney to answer the tough questions and secure the compensation you deserve. Jacobs & Dow, LLC understands your rights, and we’ll protect them. Our personal injury attorneys have the experience it takes to seek out all possible coverage in an accident so that our clients can have the fair, full, and just compensation they need and deserve.

To discuss your case and the legal options available to you or schedule an appointment, contact our firm today. In addition to weekday office hours, our New Haven law firm is open for client meetings on Saturday mornings and by appointment on Sundays, holidays, and evenings. Call (203) 712-5575 or fill out the form below to set up a consultation.