What Happens If I’m Hit by an Uninsured Driver?

Getting into a car accident is stressful enough, but finding out the other driver doesn’t have insurance can make the situation even more complicated. You might wonder how you’ll cover medical expenses, car repairs, and other costs. So, what happens if you’re hit by an uninsured driver? Let’s break it down.

1. Stay Calm and Follow Standard Accident Procedures

Even if the other driver is uninsured, you should handle the situation as you would any other accident. Here’s what to do:

• Ensure Safety: Move your vehicle to a safe location if possible and check for injuries.
• Call the Police: It’s important to file a police report, especially when the other driver doesn’t have insurance. The report will be critical for any insurance claims or legal actions.
• Gather Information: Get the other driver’s contact details, even if they don’t have insurance. Also, take photos of the scene, vehicle damage, and any injuries.
• Find Witnesses: Collect contact information from any witnesses. Their statements can help support your claim later.

2. Use Your Own Insurance Coverage

If the at-fault driver doesn’t have insurance, you may need to rely on your own insurance policy to cover your expenses. Here are the most common options:

• Uninsured Motorist Coverage (UM): This coverage helps pay for your medical bills, lost wages, and sometimes even property damage. Many states require insurers to offer UM coverage, so check if you have it.
• Collision Coverage: This can cover the cost of repairing your vehicle, regardless of who was at fault. Keep in mind that you’ll be responsible for your deductible.
• Medical Payments Coverage (MedPay): This coverage helps pay for medical expenses for you and your passengers, no matter who caused the accident.
• Personal Injury Protection (PIP): If you live in a no-fault state, PIP can cover medical expenses, lost income, and other related costs, regardless of who was at fault.

3. Can You Sue the Uninsured Driver?

You can sue an uninsured driver to recover your losses, but this isn’t always the most practical option. Here’s why:

• Limited Financial Resources: Many uninsured drivers don’t have the assets or income to cover the damages, even if you win a lawsuit.
• Lengthy Legal Process: Lawsuits can be time-consuming and expensive, and there’s no guarantee you’ll recover the full amount of your losses.

However, if the uninsured driver has significant assets, it may be worth pursuing legal action. Consulting with a personal injury attorney can help you assess your options.

4. What If the Uninsured Driver Leaves the Scene?

If the uninsured driver flees the scene, it’s considered a hit-and-run. In this case:

• File a Police Report Immediately: Reporting the accident right away increases the chances of finding the driver.
• Uninsured Motorist Coverage for Hit-and-Runs: Many UM policies cover hit-and-run accidents, allowing you to file a claim even if the driver isn’t found.

5. Will Your Insurance Rates Go Up?

Using your uninsured motorist coverage typically won’t cause your premiums to rise, especially if the accident wasn’t your fault. However, insurance companies have different policies, so it’s best to confirm with your provider.

6. What If You Don’t Have Uninsured Motorist Coverage?

If you don’t have UM coverage or other relevant policies, your options may be limited:

• Out-of-Pocket Expenses: You might have to pay for medical bills, car repairs, and other costs yourself.
• Consider Legal Action: Suing the uninsured driver is still an option, but recovery may be difficult if they lack the financial resources to pay.

7. How to Protect Yourself in the Future

Accidents involving uninsured drivers can be financially draining. Here’s how to protect yourself:

• Add Uninsured Motorist Coverage: If you don’t already have UM coverage, consider adding it to your policy. It’s usually affordable and provides valuable protection.
• Review Your Insurance Policy: Make sure you have adequate collision, MedPay, or PIP coverage to handle unexpected situations.
• Understand State Laws: Some states require uninsured motorist coverage, while others do not. Knowing your state’s laws can help you make informed decisions.

Final Thoughts

Getting hit by an uninsured driver can be frustrating and financially stressful, but you have options to recover your losses. Whether through your own insurance coverage, legal action, or both, understanding your rights and protections is key. If you’re unsure how to proceed, consulting with an experienced attorney can help you navigate the process and ensure you receive the compensation you deserve. We recommend idaho car accident lawyer