After a car crash, the stress of dealing with injuries and property damage is hard enough. Finding out the driver who hit you doesn’t have insurance—or doesn’t carry enough coverage—can send anyone into an immediate panic. Darren Stewart and Nick Wagner of Stewart & Stewart Attorneys frequently hear from injured drivers who assume they have no options left simply because the at-fault driver was uninsured.
One of the biggest misconceptions after a crash is that you are completely out of luck if the driver at fault was driving illegally without insurance. The reality is that even if the driver who hit you didn’t carry coverage, you still have legal rights, and there are ways to ensure your medical bills and damages are covered.
Insuring Yourself Against Other Drivers
With so many drivers on the road operating with minimal or no insurance, relying on other people to carry proper coverage is a major risk. The best defense is to prepare ahead of time by maintaining solid coverage on your own auto policy:
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Uninsured Motorist (UM) Coverage: Steps in to pay for your injuries and damages if the driver who caused the crash has no insurance at all.
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Underinsured Motorist (UIM) Coverage: Covers the difference when the at-fault driver has insurance, but their policy limits aren’t high enough to cover all your medical expenses and losses.
By setting high UM and UIM limits on your own policy, your insurance company essentially steps into the shoes of the at-fault driver to pay what you are owed.
What Happens If You Were Uninsured?
Driving without insurance can result in serious administrative consequences with the Bureau of Motor Vehicles (BMV), including license suspension or losing the right to bring a claim if caught driving uninsured multiple times. However, if the crash was not your fault, simply lacking insurance does not automatically mean you are stripped of all your rights or prohibited from seeking recovery. Every situation is unique, and a legal team can evaluate your options to see what claims can still be made.
How an Attorney Helps Protect You
Navigating the aftermath of an accident with an uninsured or underinsured driver can get complicated quickly. An experienced personal injury attorney helps handle the heavy lifting by:
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Investigating All Coverage Options: Uncovering policies, UM/UIM benefits, or other liable parties you might not realize are available.
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Managing Insurance Communications: Dealing directly with insurance adjusters so you don’t get pressured into accepting less than you deserve.
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Protecting Your Rights: Guiding you through state regulations and BMV consequences while fighting for your full compensation.
Because personal injury attorneys work on a contingency fee basis, you pay nothing upfront, and legal fees are only collected if your case is successfully resolved.
Take Action Today: Protect Your Rights After a Crash
If you were hit by an uninsured or underinsured driver, don’t panic or assume you are out of options. Speaking with an experienced attorney can help you understand your rights, explore your policy coverage, and give you peace of mind during a stressful time.
Frequently Asked Questions
What happens if the driver who hit me has no insurance?
If you have Uninsured Motorist (UM) coverage on your own auto policy, your insurance company steps in to cover your medical bills, lost wages, and other damages up to your policy limits.
What is the difference between Uninsured and Underinsured motorist coverage?
Uninsured Motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured Motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to pay for all of your damages.
Can I still file a claim if I didn’t have insurance at the time of the crash?
Yes, in many cases. While driving without insurance can lead to administrative penalties from the BMV, it does not automatically strip you of your right to seek compensation if the accident was someone else’s fault.
How much does it cost to talk to an attorney about my accident?
Consultations are free, and most personal injury attorneys work on a contingency fee basis, meaning you do not pay any legal fees unless your case is successfully resolved.