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What To Do If Someone Hits You Without Insurance

So, you’ve been in an accident. The dust settles, the cars are a mess, and then comes the gut punch: the other driver is uninsured. This situation, unfortunately, is more common than you might think, and navigating the aftermath requires a cool head and a strategic approach. Don’t panic. You have options.

Here’s a breakdown of exactly what to do, blending legal understanding with real-world practicality:

Immediate Actions: The First Steps After the Collision

First, treat this situation as any other accident. Prioritize safety and document everything.

1. Ensure Safety and Seek Medical Attention

Move to safety: If possible and safe, move your vehicle and the other driver’s vehicle to the side of the road, away from traffic. Turn on hazard lights.
Check for injuries: Assess yourself and your passengers for injuries. Call 911 immediately if anyone is injured. Don’t downplay any pain or discomfort; adrenaline can mask symptoms.
Seek medical attention promptly: Even if you feel fine at the scene, see a doctor as soon as possible. Some injuries, like whiplash or concussion, may not be immediately apparent. Document all medical treatments and costs.

2. Call the Police: Filing a Police Report is Crucial

Report the accident: Always call the police to the scene. A police report is a critical piece of evidence, even if the other driver claims responsibility.
Provide accurate information: Give the police a clear and concise account of what happened. Stick to the facts and avoid speculation.
Obtain the police report number and officer’s information: This information will be essential for your insurance company and any potential legal action.

3. Gather Information at the Scene

Driver’s Information: Even without insurance, obtain the driver’s name, address, phone number, and driver’s license number. Ask for vehicle registration information.
Vehicle Information: Note the make, model, and license plate number of the other vehicle.
Witness Information: If there were any witnesses, get their names and contact information. Their testimony can be invaluable.
Document the Scene: Take photos and/or videos of the damage to both vehicles, the scene of the accident, and any visible injuries.

4. Notify Your Insurance Company: A Critical First Call

Report the accident promptly: Even though the other driver is uninsured, you must notify your insurance company as soon as possible. Failure to do so could jeopardize your coverage.
Provide all the information you have: Be honest and accurate when describing the accident and the other driver’s lack of insurance.
Ask about your coverage: Inquire about your uninsured motorist (UM) and underinsured motorist (UIM) coverage. Also, discuss your collision coverage, even though the accident wasn’t your fault.
Cooperate fully with your insurance company: They will investigate the accident and help you understand your options.

Understanding Your Insurance Coverage: Your Safety Net

Your own insurance policy is often your best, and sometimes only, recourse. Here’s how different coverages can help:

1. Uninsured Motorist (UM) Coverage: Your Primary Protection

What it covers: UM coverage protects you if you’re hit by an uninsured driver. It typically covers your medical bills, lost wages, pain and suffering, and potentially property damage.
How it works: You file a claim with your insurance company. They will investigate the accident and, if liability is clear, pay for your damages up to the limits of your UM coverage.
Importance: This coverage is crucial and is often required by law. Make sure you have adequate limits to cover potential losses.

2. Underinsured Motorist (UIM) Coverage: A Safety Net For Insufficient Coverage

What it covers: UIM coverage applies when the other driver has insurance, but their policy limits are insufficient to cover your damages.
How it works: You file a claim with the other driver’s insurance company first. If their coverage is exhausted, you can then file a claim with your insurance company under your UIM coverage.
Why it’s valuable: It provides an additional layer of protection if your damages exceed the at-fault driver’s insurance limits.

3. Collision Coverage: Repairing Your Vehicle Regardless of Fault

What it covers: Collision coverage pays for damage to your vehicle, regardless of who was at fault.
How it works: You file a claim with your insurance company, and they will pay for the repairs to your vehicle, minus your deductible.
Why it’s an option: Even if you’re not at fault, using your collision coverage can get your car repaired quickly, while your insurance company pursues the at-fault driver for reimbursement (subrogation).

4. Medical Payments (MedPay) Coverage: Immediate Medical Expenses

What it covers: MedPay coverage pays for your medical expenses, regardless of fault.
How it works: You file a claim with your insurance company, and they will pay for your medical bills up to the policy limits.
Benefits: MedPay can help cover immediate medical expenses and can be used even if you have health insurance.

Legal Options: Holding the Uninsured Driver Accountable

Even without insurance, the at-fault driver is still legally responsible for the damages they caused.

1. Filing a Lawsuit: Seeking Compensation Through the Courts

When to consider a lawsuit: If your damages exceed your insurance coverage, or if your insurance company denies your claim, you may need to file a lawsuit against the uninsured driver.
Why it’s necessary: A lawsuit can compel the uninsured driver to pay for your damages, even if they don’t have insurance.
Challenges: Collecting a judgment from an uninsured driver can be difficult, as they may not have assets to seize.

2. Small Claims Court: A Simpler Legal Option

What it is: Small claims court is a simplified court system designed to handle smaller claims, typically up to a few thousand dollars, which varies by state.
Benefits: It’s less expensive and less formal than a regular lawsuit, making it a more accessible option.
Limitations: The monetary limit may not be sufficient to cover all your damages, and you’ll need to represent yourself.

3. Personal Injury Attorney: A Key Ally

When to hire an attorney: If you’ve suffered serious injuries, if your insurance company is giving you trouble, or if you’re considering a lawsuit, hiring a personal injury attorney is highly recommended.
Benefits: An attorney can navigate the legal complexities, negotiate with insurance companies, and represent you in court.
Contingency fees: Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case.

Frequently Asked Questions (FAQs)

Here are 12 common questions that arise when dealing with an uninsured driver:

1. Am I required to report an accident to the DMV if the other driver is uninsured?

Yes, most states require you to report an accident to the Department of Motor Vehicles (DMV) if it results in injury, death, or property damage exceeding a certain threshold. Check your state’s DMV regulations for specific requirements.

2. What if the uninsured driver flees the scene (hit-and-run)?

If you’re the victim of a hit-and-run, report it to the police immediately. Your UM coverage typically applies in hit-and-run situations, as long as you can prove the other driver was at fault.

3. Can I sue the uninsured driver even if they have no assets?

Yes, you can sue, and obtaining a judgment is still worthwhile. This establishes the legal liability. The judgment is valid for many years and can be renewed. If the defendant acquires assets or employment in the future, you may be able to collect on the judgment then. Furthermore, the judgment will negatively affect their credit report.

4. How long do I have to file a lawsuit after an accident with an uninsured driver?

The statute of limitations for personal injury claims varies by state, but it’s typically one to three years from the date of the accident. Don’t delay seeking legal advice, as you could lose your right to sue if you wait too long.

5. What is subrogation, and how does it affect me?

Subrogation is the right of your insurance company to recover the money they paid you from the at-fault driver. If your insurance company pursues subrogation, you may need to cooperate with them by providing information or testimony. Any recovery by your insurance company might entitle you to a return of your deductible, proportional to the amount recovered.

6. Will my insurance rates increase if I file a claim under my UM or UIM coverage?

Generally, filing a claim under your UM or UIM coverage should not cause your insurance rates to increase, as you were not at fault for the accident. However, insurance companies may consider other factors, such as your claims history, when determining your rates.

7. What if I was partially at fault for the accident?

If you were partially at fault for the accident, your compensation may be reduced by your percentage of fault under the principle of comparative negligence. Some states also follow contributory negligence, which completely bars recovery if you are even 1% at fault. The specific rules vary by state.

8. How do I prove the uninsured driver was at fault for the accident?

You can prove fault through the police report, witness statements, photos and videos of the accident scene, and expert testimony. The more evidence you have, the stronger your case will be.

9. Can I get reimbursed for lost wages if I’m unable to work due to my injuries?

Yes, your UM or UIM coverage may cover lost wages if you’re unable to work due to your injuries. You’ll need to provide documentation of your income and your doctor’s opinion that you are unable to work.

10. What if the uninsured driver was driving someone else’s car?

In this case, you may be able to pursue a claim against the owner of the vehicle, as they may be liable for negligently entrusting their vehicle to an uninsured driver.

11. Are there any government programs that can help cover my medical expenses?

Depending on your state and your income, you may be eligible for government programs like Medicaid or state-sponsored health insurance that can help cover your medical expenses.

12. What if I don’t have uninsured motorist coverage?

This is a very difficult situation. If you don’t have UM coverage, your options are limited to suing the uninsured driver, hoping they have assets to pay for your damages, or exploring other potential sources of compensation, such as MedPay coverage or a personal injury lawsuit against other negligent parties (if any contributed to the accident). It underscores the critical importance of maintaining UM coverage.

In conclusion, being hit by an uninsured driver is a stressful experience. By taking the right steps immediately after the accident, understanding your insurance coverage, and exploring your legal options, you can protect your rights and seek the compensation you deserve. Remember, seeking legal advice from a qualified attorney is always a good idea.