Hit by an Uninsured Driver? Here’s What to Do Next
Quick answer: If you are hit by an uninsured driver, you cannot file a claim against their liability insurance. Instead, you must rely on your own coverage, file a police report, and understand your legal options. Knowing what steps to take immediately and what your policy covers can make a significant difference in how much compensation you recover.
Being hit by an uninsured driver is stressful enough on its own. Add unexpected medical bills, vehicle repairs, and legal complications to the mix, and it can quickly become overwhelming. Unlike accidents involving insured drivers, an uninsured driver accident leaves you without a straightforward path to compensation. You cannot simply file a claim with the at-fault driver’s liability insurance, because there is none.
Understanding your options before that situation arises, or immediately after it does, is the best thing you can do to protect yourself financially and legally. The car accident attorneys at Labovitz Law Firm are here to help.
What Should You Do Immediately After an Uninsured Driver Accident?
How you handle the scene of the accident can directly affect your ability to recover damages later. Follow these steps:
1. Check Safety and Call 911
Move your vehicle out of traffic if it is safe to do so. If anyone has sustained injuries, call 911 right away. Even if the accident appears minor, a police response is important.
2. Request an Official Police Report
Ask the responding officer to document the crash and the other driver’s lack of insurance. An official police report is one of the most valuable pieces of evidence you can have when filing an uninsured driver insurance claim or pursuing legal action.
3. Gather Information and Evidence
Exchange names, phone numbers, driver’s licenses, and license plate numbers with the other driver. Take photos of the damage, the scene, and any visible injuries. The more documentation you collect, the stronger your case will be.
4. Avoid Roadside Cash Deals
Do not accept cash or informal promises to pay at the scene. These arrangements rarely hold up, and accepting payment this way could complicate a future insurance claim or lawsuit.
How Does Your Insurance Cover an Uninsured Driver Accident?
When the at-fault driver has no insurance, your own auto policy becomes your primary source of compensation. Here is how different types of coverage apply:
Uninsured Motorist Bodily Injury (UMBI)
UMBI coverage helps pay for your medical bills, lost wages, and ongoing treatment costs after an uninsured driver accident. According to the Insurance Information Institute, about one in seven drivers in the United States was uninsured in recent years, making this coverage more important than many drivers realize.
Uninsured Motorist Property Damage (UMPD)
UMPD coverage helps pay to repair or replace your vehicle. Availability and limits vary by state, so check your policy details carefully.
Collision Coverage
If you do not have UMPD, collision coverage can pay for vehicle repairs, though you will need to pay your standard deductible first.
Personal Injury Protection (PIP)
If you live in a no-fault state, PIP coverage pays for medical costs regardless of who caused the accident. This can provide a faster path to covering immediate medical expenses.
What Happens to the Driver Who Hit You?
Being uninsured does not mean the at-fault driver escapes consequences. Depending on the state, they may face:
- Citations and fines: Traffic tickets, municipal fines, and court fees are common penalties.
- License suspension: State authorities can suspend the driver’s license and vehicle registration until the driver shows proof of financial responsibility.
- Civil lawsuits: You or your uninsured driver insurance provider, through a process called subrogation, can sue the at-fault driver for damages. However, recovering money can be difficult if the driver has limited personal assets or income.
Were You Hit by an Uninsured Driver in Missouri? Contact Labovitz Law Firm
Dealing with an uninsured driver accident on your own is difficult. Navigating insurance claims, evaluating your coverage options, and pursuing legal remedies all at once can feel like too much, especially while you are recovering from an injury.
If you were hit by an uninsured driver in Missouri, Labovitz Law Firm is here to help. Our legal team can help you understand your coverage, file the right claims, and pursue every available option to recover the compensation you deserve.
Contact Labovitz Law Firm today to discuss your case.
Frequently Asked Questions About Uninsured Driver Accidents
What should I do first if I am hit by an uninsured driver?
Call 911, request a police report, and gather as much information as possible at the scene, including photos and the other driver’s contact details. Do not accept cash at the scene.
Does my insurance cover an uninsured driver accident?
Yes, if you have uninsured motorist coverage (UMBI or UMPD), your policy can help cover medical bills and vehicle repairs. Collision coverage and PIP may also apply depending on your state and policy.
Can I sue an uninsured driver for damages?
Yes. You can file a civil lawsuit against the at-fault driver. However, recovering money can be challenging if the driver has no significant assets or income.
Is uninsured motorist coverage required in Missouri?
Yes. Missouri law requires every automobile liability insurance policy issued in the state to include uninsured motorist (UM) bodily injury coverage with minimum limits of $25,000 per person and $50,000 per accident. While you may choose to purchase additional coverage, the minimum UM bodily injury coverage is required under Missouri law. Unlike some states, Missouri does not allow you to reject it in writing.
How can a law firm help after an uninsured driver accident?
A law firm can evaluate your insurance coverage, identify all available sources of compensation, and represent you in any legal proceedings against the at-fault driver. Legal guidance is especially valuable when insurance companies dispute claims or offer low settlements.
