What to Do After an Accident With an Uninsured Driver

Written by: Kerry Socha

Being involved in a car accident is never easy, but the situation becomes even more overwhelming when the other driver doesn’t have insurance. Although most states require motorists to carry at least a minimum level of liability coverage, many people still choose to drive without it. When an uninsured driver is involved, recovering money for medical care, lost wages, and vehicle repairs can be more difficult—but you still have several potential paths forward.

Take Immediate Steps to Protect Yourself

If you’re in a collision with an uninsured driver, what you do in the moments after the crash can make a significant difference in the outcome of your claim. First, check yourself and any passengers for injuries and call emergency services if needed. Even if the accident seems minor, contact law enforcement so an official accident report can be filed.

Next, gather as much information as possible from the scene. Write down the other driver’s contact details and vehicle information, and take photos of both cars, the surroundings, and any visible damage. If there are witnesses, ask for their names and phone numbers. Once you’ve collected the necessary information, notify your insurance company as soon as possible to report the incident.

Because most states operate under an “at-fault” system—meaning the driver responsible for causing the crash is liable for the damages—the next steps in the process depend heavily on who is ultimately found at fault.

How Your Insurance Can Help if the Uninsured Driver Is at Fault

If the uninsured driver caused the accident, your own insurance policy may help cover your expenses. Many drivers carry uninsured or underinsured motorist coverage, which is designed for exactly this type of scenario. This coverage typically pays for medical expenses, lost income, and sometimes property damage when the other driver doesn’t have insurance or doesn’t have enough of it.

You may also have additional coverage options that apply regardless of who caused the crash. Collision coverage can help pay for vehicle repairs, and personal injury protection (PIP) may assist with medical bills and lost wages. These coverages can offer crucial financial support after an accident with an uninsured driver. However, if you do not carry these optional protections, recovering compensation through your insurer may be more limited.

Considering Legal Action Against the Uninsured Driver

There are situations where you might consider filing a lawsuit to recover the losses you’ve suffered. Taking legal action can allow you to pursue reimbursement for medical bills, vehicle repairs, and even pain and suffering. Still, lawsuits against uninsured drivers can be challenging. If the driver has limited financial resources or no significant assets, winning a judgment may not result in meaningful compensation.

Because this route can be complex, consulting with a car accident attorney is often helpful. An experienced lawyer can evaluate whether pursuing a lawsuit makes sense, guide you through the documentation required, and advise you on the best strategy for your situation.

When the Accident Was a Hit-and-Run

Hit-and-run accidents add another layer of frustration, but the steps you need to take are similar. Since the responsible driver can’t be identified or located, your uninsured motorist coverage typically applies in these cases as well. You’ll need to file a police report right away and let your insurance company know what happened as soon as possible.

Why Speaking With an Attorney Can Help

Navigating the recovery process after an accident with an uninsured driver can be stressful and confusing. There are often multiple layers of insurance coverage to sort through, and understanding your rights isn’t always straightforward. Having an attorney on your side can help ensure the process goes smoothly. They can communicate with your insurance company, help you document your claim, negotiate on your behalf, and protect your interests throughout the process.

While dealing with an uninsured driver can feel overwhelming, knowing your options can make a significant difference. Understanding your coverage, taking quick action after the accident, and seeking professional guidance when needed are key steps toward minimizing financial stress and ensuring you receive the compensation you’re entitled to.