What if I am injured in an accident caused by an uninsured driver?
If you are injured in an accident caused by an uninsured driver, it can be a stressful and complicated experience. This article outlines the steps to take, your options for compensation, and the importance of uninsured motorist coverage.
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Licensed Insurance Broker
Zach Fagiano has been in the insurance industry for over 10 years, specializing in property and casualty and risk management consulting. He started out specializing in small businesses and moved up to large commercial real estate risks. During that time, he acquired property & casualty, life & health, and surplus lines brokers licenses. He’s now the Senior Vice President overseeing globa...
Zach Fagiano
Commercial Lines Coverage Specialist
Michael Vereecke is the president of Customers First Insurance Group. He has been a licensed insurance agent for over 13 years. He also carries a Commercial Lines Coverage Specialist (CLCS) Designation, providing him the expertise to spot holes in businesses’ coverage. Since 2009, he has worked with many insurance providers, giving him unique insight into the insurance market, differences in ...
Michael Vereecke
Updated November 2024
- Reporting the accident is crucial when dealing with an uninsured driver
- Your insurance options include uninsured motorist coverage (UIM), no-fault or PIP/MedPay coverage, and collision coverage
- Filing a lawsuit against the uninsured driver is an option, but their lack of assets may make it difficult to receive compensation
Car accidents are always a hassle, but if you’re injured in an accident caused by an uninsured driver, it becomes even more complicated. For example, you may be worried about how you will pay for medical bills, repairs to your vehicle, or other expenses that arise from the incident.
In this article, we’ll discuss what to do if you find yourself in an accident with someone who tried to drive without insurance, the different ways you can seek compensation, and the significance of having uninsured motorist coverage as part of your auto insurance policy.
Understanding Your Options When Injured by an Uninsured Driver
When you are injured in an accident caused by an uninsured driver, it’s natural to feel concerned about how the situation will be handled. You may be facing mounting medical bills, especially if you don’t have comprehensive health insurance.
Additionally, there are potential vehicle repairs and other expenses arising from the incident. You must understand the different insurance options available to address these concerns and ensure you’re prepared for an accident.
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Insurance Options for Accidents With Uninsured Drivers
When dealing with accidents involving uninsured drivers, exploring all available insurance options is essential to help cover the costs of injuries and damages.
Uninsured Motorist Coverage (UIM)
Uninsured motorist coverage (UIM) comes into play as a safeguard when you find yourself in a collision with a driver who lacks car insurance. UIM coverage is required in a handful of states but is offered in other states as an optional addition to your policy.
Read More:
- What should I do if I’m in an accident and don’t have auto insurance?
- Does my auto insurance cover damage caused by an uninsured driver if I have collision coverage?
- What should I do at the scene of an accident to prepare for an insurance claim?
Underinsured motorist coverage helps when the at-fault driver has insufficient insurance to cover your losses. To see if your state requires UIM coverage, check out auto insurance requirements by state.
No-Fault, PIP, or MedPay Coverage
These policies can be used to pay medical bills after a car accident with an uninsured driver in no-fault states or where Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage is available. These types of coverage apply regardless of who caused the accident.
Collision Coverage
Collision coverage can be used to repair your vehicle if the at-fault driver is uninsured. While not specifically designed for this situation and won’t cover injuries, it can provide some relief if you don’t have uninsured motorist coverage.
Insurance Policy for the Uninsured Driver’s Vehicle
If the uninsured driver is driving an insured car, the vehicle’s insurance policy should extend to cover your accident. In this case, you can file a claim with the vehicle owner’s insurance company for compensation.
Health Insurance Options in Accidents with Uninsured Drivers
Typically, auto insurance policies that include personal injury protection (PIP) or MedPay will be considered primary coverage for any injuries sustained in a car accident.
If this coverage is maxed out, your health insurance will act as secondary coverage, filling the gaps left by your auto insurance. Health insurance won’t cover non-medical expenses such as vehicle repairs or lost wages.
The Importance of Uninsured Motorist Coverage
An accident with an uninsured driver highlights the importance of having affordable full coverage auto insurance, including an uninsured motorist policy.
This type of coverage offers added protection for scenarios where the at-fault driver cannot pay for damages. In addition, investing in uninsured motorist coverage helps minimize potential out-of-pocket losses after an accident with an uninsured driver.
Whatever coverage you have, you need to file a police report after an accident with an uninsured driver. Provide all details of the at-fault driver and any witnesses at the scene. This documentation will help when seeking compensation for damages.
Filing a Lawsuit Against the Uninsured Driver
Filing a lawsuit against an uninsured driver is an option, but it may not guarantee compensation. Many uninsured drivers are “judgment-proof,” meaning they don’t have assets that can be seized in a lawsuit.
However, if the driver has money or valuable property, a personal injury lawyer might take your case and file a lien against the driver’s assets.
It’s best to consult an attorney when serious injuries are involved or insurance options are insufficient. They can advise you on the best course of action, such as filing a lawsuit or pursuing an uninsured motorist claim with your insurance company.
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Know Your Options if Injured by an Uninsured Driver
Being injured in an accident caused by an uninsured driver can be incredibly frustrating and stressful. However, knowing your options for seeking compensation and having proper insurance coverage can lessen this burden.
Consider adding uninsured motorist coverage to your auto insurance policy if you haven’t already.
Frequently Asked Questions
Can I purchase uninsured motorist coverage after an accident with an uninsured driver?
Unfortunately, you cannot purchase uninsured motorist coverage retroactively. Therefore, it is essential to have this coverage in place before the incident to take advantage of its benefits.
Will my insurance go up if I’m hit by an uninsured driver?
Your insurance rates may or may not increase after you’re hit by an uninsured driver, depending on your policy and the circumstances of the accident. Some insurance companies offer “accident forgiveness” programs that prevent your rates from increasing after your first at-fault accident or when you’re not at fault.
Otherwise, how long it takes for an accident to get off your record varies depending on your state and auto insurance provider, but it typically will remain on your record for three to seven years.
What should I do immediately following an accident with an uninsured driver?
After any car accident:
- Report the accident to the police and exchange information with the other driver.
- Document the scene by taking photos of the vehicles involved and any property damage or injuries, and collect contact information from any witnesses.
- Seek medical attention if needed, and keep medical treatment records to submit to your insurance company.
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