What Should I Do if I Get in an Accident With an Uninsured Driver?

Getting into a car accident can be a devastating and potentially life-altering event. But when the at-fault driver is uninsured, the situation can become even more complicated and stressful. 

According to the Insurance Research Council, approximately one in eight drivers in the United States is uninsured, making this a common issue that many drivers face. 

If an uninsured driver caused you an accident, however, you shouldn’t have to bear the burden of someone else’s mistake. You still have legal options and may still be able to recover compensation that can cover auto damage, medical bills for injuries, and even lost wages from missed work. Contact Morgan & Morgan for a free case evaluation to learn more.

Immediate Steps to Take at the Accident Scene

After any car accident, you should first check for injuries and ensure your safety. Check yourself and your passengers for injuries and move to a safe location if possible. If anyone is injured, call 911 immediately to get medical assistance.

Even if the accident seems minor, it’s important to call the police. A police report will document the accident, which is particularly important when dealing with an uninsured driver. This report can serve as critical evidence if you need to file a claim with your insurance company or pursue legal action.

While the uninsured driver won’t be able to provide insurance details, you should still collect as much information as possible, including:

• Name and contact information of the other driver
• Vehicle make, model, and license plate number
• Names and contact information of any witnesses
• Photos of the accident scene, vehicle damage, and any visible injuries

In some cases, an uninsured driver may offer you cash on the spot to avoid legal or financial repercussions. While this may seem convenient, it’s rarely a good idea. Accepting such offers could prevent you from seeking full compensation for your injuries and damages later on.

As soon as you’re able, notify your insurance company about the accident. Most policies require timely reporting, and failure to do so could jeopardize your claim. Provide them with all the details you’ve collected, including the police report if it’s available.

Understanding Uninsured Motorist Coverage

Uninsured motorist (UM) coverage is designed to protect you in situations where the at-fault driver does not have insurance. It’s an optional add-on to your auto insurance policy in most states but is mandatory in others. Here’s how it works:

What UM Coverage Includes

• Medical expenses for you and your passengers
• Lost wages if your injuries prevent you from working
• Pain and suffering damages
• Property damage in some cases, depending on your policy

How to File a UM Claim 

If you have UM coverage, filing a claim is similar to filing any other insurance claim. You’ll need to provide:

• Documentation of your injuries and damages
• A copy of the police report
• Any evidence you’ve collected from the accident scene

Your insurance company will investigate the claim and determine the amount of compensation you’re entitled to under your policy.

Legal Options if You Don’t Have UM Coverage

If you don’t have uninsured motorist coverage, you still have options for recovering damages:

• Pursue a Lawsuit Against the Uninsured Driver: You can file a lawsuit against the at-fault driver to recover your losses. However, this route can be challenging if the driver lacks significant assets. Winning a judgment doesn’t guarantee you’ll be able to collect the money owed to you.
• Check for Other Insurance Policies: In some cases, the uninsured driver may be covered under another policy, such as a family member’s insurance or an employer’s commercial policy. Investigating these possibilities with the help of an attorney can uncover additional avenues for compensation.
• State Victim Compensation Funds: Some states offer victim compensation funds to help cover medical expenses and other costs for accident victims. These programs are often limited in scope but can provide some financial relief.

When to Contact a Personal Injury Attorney

Dealing with an uninsured motorist can quickly become complex and overwhelming. A personal injury attorney can help you navigate the process and maximize your chances of obtaining fair compensation. Here are some scenarios where legal assistance is especially beneficial:

• You’ve suffered severe injuries requiring extensive medical treatment.
• Your insurance company is denying or undervaluing your uninsured motorist claim.
• The at-fault driver is disputing liability.
• You’re considering filing a lawsuit to recover damages.

How a Lawyer Can Help You

Investigate the Accident 

A lawyer can gather additional evidence to strengthen your case, such as surveillance footage, expert testimony, and detailed accident reconstruction reports.

 

Negotiate With Insurance Companies 

If your insurance company is not offering a fair settlement, an attorney can negotiate on your behalf to ensure you receive the compensation you deserve.

Pursue Legal Action 

If a lawsuit against the uninsured driver is necessary, your lawyer can represent you in court and fight for a favorable outcome.

Preventative Measures to Protect Yourself

While you can’t control other drivers’ decisions to carry insurance, there are steps you can take to protect yourself:

• Carry Uninsured/Underinsured Motorist Coverage: Adding UM/UIM coverage to your auto insurance policy can provide peace of mind and financial protection in the event of an accident with an uninsured driver.
• Maintain Adequate Health Insurance: Health insurance can help cover medical expenses if you’re injured in an accident, regardless of who is at fault.
• Understand Your Policy Limits: Familiarize yourself with the details of your auto insurance policy, including coverage limits and exclusions. This knowledge can help you make informed decisions in the aftermath of an accident.
• Drive Defensively: Being a cautious and attentive driver can reduce your risk of getting into an accident in the first place. Stay alert, follow traffic laws, and avoid distractions while driving.

Common Challenges in Uninsured Motorist Cases

Disputed Liability 

The uninsured driver may claim that you were partially or fully at fault for the accident. In such cases, evidence like police reports, witness statements, and accident reconstruction can help establish liability.

Insurance Company Pushback 

Even with UM coverage, your insurance company may try to minimize your claim. Working with an attorney can help ensure your rights are protected.

Uncollectible Judgments 

If you win a lawsuit against the uninsured driver but they lack the means to pay, collecting your compensation can be difficult. In these situations, your attorney can explore alternative options for recovery.

Morgan & Morgan May Be Able to Help

At Morgan & Morgan, we understand the frustration and uncertainty that comes with being involved in an accident with an uninsured motorist. Our experienced personal injury attorneys are dedicated to fighting for your rights and ensuring you receive the compensation you need and deserve to move forward with your life. With a proven track record of success and a commitment to For the People, we’re here to guide you every step of the way.

If you’ve been involved in an accident with an uninsured motorist, don’t navigate the process alone. Contact Morgan & Morgan today for a free, no-obligation case evaluation. Let us help you get the justice and compensation you deserve.