5 Things You Should Do If You’re Hit by an Uninsured Driver

Last updated on: November 28, 2022

Being in a car accident is traumatic enough as it is and recovering from an accident may be even more difficult when the other driver is not covered by insurance. According to the Insurance Research Council (IRC), “nearly 13% of motorists, or about one in eight drivers, were uninsured in 2014.”  A study by the Financial Responsibility and Insurance Committee of the American Association of Motor Vehicle Administrators found that 82% of uninsured drivers claimed that they cannot afford insurance or that their vehicle is inoperable or not in use.

If you or a loved one has been injured in a car accident with an uninsured driver, call Zinda Law Group at (888) 378-1314 for a free case evaluation with our car accident attorneys.

Call The Police

If the uninsured driver is being difficult by refusing to offer you any contact information, you should call the police immediately after the accident.  Law enforcement officers may look up the other driver’s information and determine if the driver has current insurance for their vehicle.  Police officers often complete an accident report that may be useful in a personal injury case against the uninsured driver.

Do Not Accept Liability For The Accident

After an accident occurs, it may feel natural to apologize to the other driver for the occurrence of the accident even if it wasn’t your fault. While this can seem like a simple courtesy in the moment, it is important to try to avoid anything that may be taken as an admission of fault. The other parties involved in your case may try to use this statement against you later when discussing who was at fault for the accident.

This is also true if you receive communication from insurance companies after the accident has occurred. Insurance adjusters may try to use persuasive techniques to try to twist your words around in order to get you to admit to something that you don’t intend to, so it is critical to make sure that you understand what you are doing and have the right representation on your side in these situations.

Obtain Medical Evaluation And Treatment

Unless absolutely certain that you’re not injured, you should seek medical attention immediately after an accident, either at your local emergency room or by seeing your physician. While injuries may not feel serious initially, they often have the potential to develop into something much worse when left untreated. Remember that medical records may help prove that your injuries were caused by the car accident, so be sure to keep an organized record of any documented injuries.

Contact Your Auto Insurance Provider

Call your insurance company within 24 hours after the accident. It’s important to cooperate with them and tell them exactly what happened and the extent of your injuries.  If the insurance company finds out that you were untruthful about anything, your claim could be denied coverage. It is also possible that your insurance policy has rules about how long after an accident you have to contact them about an accident and breaking these rules could result in you being left uncompensated with very real injuries.

Consider Uninsured And Underinsured Motorist Coverage

Before an accident happens, it can be helpful to consider adding uninsured or underinsured coverage to your insurance policy if it is not already included. Uninsured or underinsured motorist coverage is insurance coverage that protects you in the event that you are involved in an accident with a driver who doesn’t have insurance, doesn’t have enough insurance to cover your damages, or if the other driver leaves before you can get their information. The laws surrounding these types of insurance vary from state to state, so take some time to look at your policy and speak with your insurance provider about what your options are.

Your No-Fault, Pip, And Medpay Coverage

No-fault, PIP, or MedPay insurance coverages are more options that may be helpful in the event that you are injured in a car accident. No-fault insurance, which is sometimes referred to as personal injury protection (PIP) insurance, is a form of insurance that is not dependent on the at-fault driver—as long as the accident is covered in the terms of your policy, then these types of insurance can cover medical bills, income losses, and other expenses that are related to the accident for yourself and for your passengers. Medical payments coverage, or MedPay coverage, is another insurance add-on that can help pay for medical expenses for you or your passengers, even if you are at fault.

After an accident, look at your policy to see if it includes these insurance coverages because they may be the best source of compensation for your injuries. If you are looking at your policy proactively, you can consider adding these coverages as an additional safety net.

Frequently Asked Questions

What Happens When an Uninsured Driver Hits You?

The way auto accidents typically work is that the driver who was not at fault will seek compensation from the insurance coverage of the driver who was at fault. In these situations, the process can be relatively smooth. However, if the driver who hits you is uninsured, then you will likely have little legal recourse against them. If this situation occurs, then you will likely need to turn to your own insurance coverage or file a claim directly against the person to cover your damages.

How Does Uninsured Motorist Coverage Work?

Uninsured motorist coverage can help you in a situation where a driver who does not have car insurance collides with you. In this case, instead of pursuing an insurance claim through the insurance policy of the at-fault driver, you would be seeking to cover your expenses through your own insurance policy.

What if the Other Driver is Uninsured but Drives an Insured Car?

Most car insurance policies will cover the driver of a car, even if that person is not actually covered under the policy. However, they must be driving the car with the permission of the person who has the insurance policy. This means that if someone is driving a stolen car or simply took a friend or family member’s car out for a drive without their permission, then the insurance policy of the person who owns the car might not cover your injuries if they run into you and cause an accident.

Can I File a Lawsuit Against an Uninsured Driver?

Yes, you may be able to file a lawsuit against an uninsured driver. However, there are several factors that will determine whether this is actually a good idea or not. First, if someone does not have car insurance, then it is probable that they won’t actually have the money to pay you if your lawsuit is successful. Still, this may be an option that is worth exploring with the assistance of your personal injury attorney.

At Zinda Law Group, our attorneys have the experience and knowledge to help injured victims seek compensation after suffering an injury from a car accident, even when they were hit by an uninsured driver.

If you or a loved one has sustained injuries from a car accident, call Zinda Law Group at (888) 330-5194 for a 100% free case evaluation with our car accident lawyers.  We believe victims shouldn’t have to worry about affording legal representation after an accident, which is why you don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.