Being involved in a car accident is already stressful, but when you discover that the other driver doesn’t have insurance, that stress can quickly turn into panic.
If you’re thinking, “an uninsured driver hit me, what now?” you’re not alone.
According to the Insurance Research Council, around 14% of drivers in the U.S. are uninsured, and in some states, the rate is even higher. This means that nearly one in seven drivers on the road could leave you holding the bill after an accident.
Fortunately, you do have options. Legal and insurance protections exist to help you recover financially from such an event. As Los Angeles’s trusted personal injury attorney, Compass Law Group, LLP understands the complex aftermath of these incidents and is here to guide you through every step of the process.
Immediate Steps To Take After the Accident
1. Ensure Safety and Call 911
Your priority after any accident should be safety. Move to a safe location if possible and call 911 to report the accident. Emergency responders will assess injuries, if any, and law enforcement will create an official accident report, which can be critical for your insurance claim or legal case.
2. Gather Information from the Other Driver
Even if the other driver admits they don’t have insurance, you should still collect their information:
- Full name and contact information
- Driver’s license number
- License plate number
- Vehicle make, model, and year
3. Collect Evidence
Document the accident scene thoroughly:
- Take photographs of all vehicles involved, focusing on damage and license plates.
- Capture images of the surrounding area, including traffic signs and road conditions.
- Get contact information for any witnesses.
- Request a copy of the police report once available.
4. Do Not Admit Fault or Leave the Scene
Even if the accident seems minor, never leave the scene before authorities arrive, and never admit fault. Statements made in the heat of the moment can be misinterpreted and used against you later. Additionally, leaving the scene of an accident can result in legal penalties.
Uninsured vs. Underinsured Motorist Coverage
Navigating insurance coverage is essential when dealing with accidents involving Uninsured Motorist (UM) or Underinsured Motorist (UIM) drivers.
Uninsured Motorist (UM) Coverage
UM coverage protects you when the at-fault driver has no insurance.
Underinsured Motorist (UIM) Coverage
UIM coverage applies when the at-fault driver’s insurance doesn’t fully cover your damages. It bridges the gap between their policy limits and your actual expenses.
Bodily Injury vs. Property Damage
Bodily Injury Coverage pays for medical bills, lost wages, and pain and suffering.
Property Damage Coverage pays for repairs to your vehicle and damaged property.
Policy Limits and State Requirements
Policy limits define the maximum amount your insurer will pay under UM/UIM coverage. These limits vary by state and policy. Some states mandate UM/UIM coverage, while others offer it as optional. Consult your insurance provider to understand your coverage specifics.
What Happens When an Uninsured Driver Hits You
If you’re wondering what happens when an uninsured driver hits you, the answer depends on your insurance coverage and the laws of your state.
If You Live in an At-Fault State
In at-fault states, the driver responsible for the accident must cover the damages. However, recovering compensation becomes more complicated when the at-fault driver is uninsured.
If you carry Uninsured Motorist (UM) coverage, you can file a claim with your insurer. This coverage typically helps pay for:
- Medical bills
- Lost income due to injury
- Vehicle repairs or replacement
- Pain and suffering (depending on state laws)
You can potentially sue the uninsured driver, though recovering compensation may be difficult (more on this below).
If You Live in a No-Fault State
In no-fault states, your own Personal Injury Protection (PIP) or MedPay will initially cover medical expenses and possibly lost wages, regardless of who caused the accident. In most cases, your ability to sue is limited unless your injuries are severe or meet specific legal thresholds.
Using Your Own Insurance
Your insurance policy may offer several types of coverage that can help after being hit by an uninsured driver. However, timing and documentation are critical.
UM/UIM Coverage Deadlines
Some states require you to file a UM or UIM claim within 30 days of the accident. If you miss this window, you may lose eligibility for compensation. Make sure you check your policy for deadlines.
Role of MedPay or PIP
These insurances cover immediate medical expenses without waiting for fault to be determined:
- MedPay is an optional add-on that covers medical expenses for you and your passengers, regardless of fault. It typically works without a deductible.
- Personal Injury Protection (PIP) is common in no-fault states and provides broader coverage that may include lost wages and essential services like childcare.
Using Collision Coverage
If you have collision coverage, your insurer will pay to repair or replace your vehicle. You will be responsible for your deductible unless your insurer later recovers costs from the uninsured driver.
Can You Sue an Uninsured Driver?
At Compass Law Group, LLP, we often get asked if suing an uninsured driver is worth the effort. Legally, yes, you can sue—but whether it makes practical sense is another question.
Many uninsured drivers are considered “judgment-proof,” meaning they lack the assets or income to pay a court-ordered judgment. Even if you win the lawsuit, collecting compensation may be nearly impossible.
That said, suing may be worth it if:
- If the at-fault driver has assets (e.g., real estate, investments)
- If your damages are significant (e.g., permanent injury, high medical costs)
- If the other driver has other forms of liability (e.g., was driving drunk)
- They have a stable job that allows for wage garnishment
In these cases, a court may issue an order for installment payments, place a lien on assets, or garnish wages.
Legal action should be guided by an attorney who can assess whether the uninsured driver has recoverable assets and whether pursuing the case is worth the time and expense.
What if the At-Fault Driver Has Too Little Insurance?
Sometimes, the driver who hits you may have insurance, but not enough to cover your total damages. This is where Underinsured Motorist (UIM) coverage becomes essential.
For example, if your medical bills total $50,000 but the at-fault driver’s policy only covers $25,000, UIM coverage can help cover the remaining amount.
UIM is especially important in states with low minimum insurance requirements. Without it, you’re left paying out of pocket for costs that exceed the at-fault driver’s policy. UIM insurance pays the difference between what the at-fault driver’s insurance covers and your actual damages, up to your UIM policy limits.
Tips and Deadlines for Filing a Claim
If an uninsured or underinsured driver hits you, filing a claim must be done strategically and promptly.
1. Notify Your Insurer Immediately
Most insurance companies require that you notify them of the accident within 24 to 30 days—delaying could result in a denied claim.
2. Collect All Relevant Documentation
Make sure you collect medical records and bills, repair estimates and receipts, a copy of the police report, and any photos or witness statements.
3. Know the Statute of Limitations
Each state has a different deadline to file a lawsuit or insurance claim. In California, you typically have two years to file a personal injury claim from the date of the accident. Consulting an attorney early can ensure you don’t miss key deadlines and help you organize the necessary documentation.
How an Attorney Can Help
The legal and insurance landscape after an accident with an uninsured driver can be overwhelming. At Compass Law Group, LLP, we offer personalized legal guidance to help you through every phase of your case, including:
- Case Evaluation: We help you understand your legal rights and options.
- Evidence Gathering: We work to collect all necessary documentation and investigate the case.
- Negotiation: We deal with the insurance companies so you don’t have to.
- Litigation Support: If necessary, we’ll take your case to court to pursue the compensation you deserve.
No Upfront Costs
Most personal injury attorneys, including our firm, work on a contingency fee basis, meaning you don’t pay unless we win your case.
How to Protect Yourself in the Future
While you can’t control who hits you, you can control how prepared you are.
Purchase the Right Coverage
Many people opt for minimum liability insurance to save money, but that can be risky. To safeguard yourself against uninsured drivers:
- Add Uninsured/Underinsured Motorist (UM/UIM) coverage.
- Include PIP or MedPay for medical bills regardless of fault.
- Maintain collision coverage to repair or replace your vehicle.
Choose the Right Policy Limits
It’s also important to choose coverage limits based on the risks in your area. If you drive frequently or live in a state with high rates of uninsured drivers, consider increasing your UM/UIM limits. Higher limits may cost a few extra dollars per month, but can prevent thousands in out-of-pocket expenses later.
Review Your Policy Regularly
Your insurance needs may change over time. Make it a habit to review your coverage annually, discuss options with your agent, and adjust your policy after major life events such as marriage, a new car, etc.
Protecting Yourself After an Accident With an Uninsured Driver
So, what happens when you are hit by an uninsured driver? Here’s a recap on how to best protect yourself:
- Ensure your safety and contact authorities.
- Gather as much evidence as possible.
- File a UM claim with your insurer.
- Use your own PIP, MedPay, or collision coverage as needed.
- Consider legal action, especially for severe injuries.
- Contact Compass Law Group, LLP for experienced guidance.
Most importantly, don’t wait until it’s too late. Review your insurance policy now and ensure you have the right protections in place. If you’re already dealing with the aftermath of an uninsured driver hit-and-run or collision, Compass Law Group, LLP is here to help you recover physically, financially, and legally.
Contact Compass Law Group, LLP today for a free consultation and make sure you’re not left paying for someone else’s mistake.
