You’re sitting in the emergency room with injuries from an accident that wasn’t your fault, and the police officer just told you the other driver has no insurance. Your mind races. How will your medical bills get paid? What about your damaged car? Who’s responsible when the person who caused the accident can’t pay?
This situation happens more often than you’d think. Our friends at Brenner Law Offices discuss how millions of drivers operate vehicles without required insurance coverage. A car accident lawyer handles these cases regularly and knows that uninsured motorist claims, while frustrating, often provide a path to compensation through your own insurance policy.
How Common Are Uninsured Drivers?
The problem is widespread. According to the Insurance Information Institute, approximately 12.6% of motorists nationwide drove without insurance in recent years. In some states, that number reaches 20% or higher. That means roughly one in eight drivers you encounter on the road has no coverage.
State laws require liability insurance specifically to protect innocent victims when accidents happen. But laws don’t stop everyone from driving without coverage. Some people let policies lapse due to cost. Others never buy insurance at all and hope they won’t get caught. The result is that law-abiding drivers who purchase insurance end up financially vulnerable when hit by those who don’t.
This is why uninsured motorist coverage exists. It’s your safety net when the other driver should pay but can’t.
Understanding Uninsured Motorist Coverage
Uninsured motorist coverage is part of your own auto insurance policy. It pays for your injuries and, in some states, property damage when an at-fault driver has no insurance. You’ve been paying for this coverage as part of your premium, and now you need to use it.
Most states either require or strongly encourage uninsured motorist coverage. The coverage typically mirrors your liability limits. If you carry $100,000 in liability coverage, you likely have $100,000 in uninsured motorist protection as well, unless you specifically rejected it in writing.
How UM Coverage Actually Works
When you file an uninsured motorist claim, you’re making a claim against your own insurance company. This feels strange because you did nothing wrong, but it’s how the system protects you from uninsured drivers. Your insurance company steps into the shoes of the at-fault driver and pays what that driver’s insurance would have paid if they had coverage.
You still need to prove the other driver was at fault and that your injuries resulted from the accident. Your insurance company will investigate just as if they were defending the other driver. They’ll review the police report, examine the vehicles, and evaluate your medical treatment.
This creates an adversarial relationship with your own insurance company, which surprises many people. You might think your insurer is automatically on your side, but they have financial incentives to minimize what they pay on your claim.
Underinsured Motorist Coverage Matters Too
What if the other driver has insurance, but not enough to cover your damages? You suffered $150,000 in medical bills and lost wages, but the at-fault driver only carries $25,000 in liability coverage. That’s where underinsured motorist coverage comes in.
Underinsured motorist protection works similarly to uninsured coverage. It pays the difference between what the at-fault driver’s insurance covers and what you actually need, up to your policy limits. If you have $100,000 in underinsured motorist coverage, you can collect the $25,000 from the other driver’s policy plus an additional $75,000 from your own insurance.
Some states have different rules about how these coverages stack or whether you subtract the other driver’s payment from your available coverage. The specific mechanics depend on your state’s laws and your policy language.
Immediate Steps After Discovering No Insurance
When you learn the other driver is uninsured, take specific actions to protect your claim. Call your own insurance company immediately and report the accident. Tell them the other driver has no insurance and that you’re making an uninsured motorist claim.
Document everything related to the accident:
- Get a copy of the police report showing the other driver was uninsured
- Photograph vehicle damage from multiple angles
- Collect contact information from witnesses
- Keep all medical bills, records, and receipts
- Document lost wages with pay stubs or employer letters
- Take photos of visible injuries as they heal
Your insurance company will ask for this information, and having it organized speeds up the claims process. More importantly, thorough documentation prevents disputes about the accident facts or the extent of your injuries.
The Claims Process With Your Own Insurer
Filing an uninsured motorist claim with your own insurance company follows a similar process to filing against another driver’s insurer. You’ll submit a claim, provide documentation, attend medical examinations if required, and eventually negotiate a settlement.
The difference is that you’re negotiating with a company you’ve paid premiums to for years. This doesn’t mean they’ll treat you more favorably. Insurance companies are businesses focused on minimizing payouts, whether the claim comes from their own policyholder or someone else.
Your insurer might use the same tactics that any insurance company would. They might delay the process, dispute the extent of your injuries, claim you had pre-existing conditions, or argue the other driver wasn’t really at fault. Being your insurance company doesn’t prevent them from fighting your claim.
When Your Insurance Company Pushes Back
Some insurers deny uninsured motorist claims or offer settlements that don’t cover actual damages. Common arguments include claiming you were partially at fault, suggesting your injuries aren’t as severe as you claim, or arguing that some of your treatment was unnecessary.
If your insurance company denies your uninsured motorist claim or offers an inadequate settlement, you have options. You can appeal within the company, file a complaint with your state insurance commissioner, or pursue litigation against your own insurer for bad faith denial.
Bad faith claims arise when insurance companies unreasonably deny valid claims or fail to properly investigate. These cases can result in damages beyond your policy limits, including punitive damages in some states.
Can You Still Sue The Uninsured Driver?
Technically yes, practically maybe not. You can file a lawsuit against the uninsured driver personally and obtain a judgment for your damages. But judgments are only valuable if the person has assets or income to collect against.
Most people driving without insurance lack significant assets. They might not own property, have minimal income, or already be buried in debt. Collecting a judgment from someone with no money is nearly impossible. You spend time and money pursuing a case that yields nothing.
This is why uninsured motorist coverage is so valuable. It provides a realistic source of compensation when the at-fault driver cannot pay. Rather than chasing someone with no assets, you access coverage you’ve already paid for through your premiums.
State-Specific Rules And Requirements
Uninsured motorist coverage requirements vary significantly by state. Some states mandate it as part of every auto policy. Others make it optional but require insurance companies to offer it. A few states don’t require it at all, though insurers still usually offer it.
State laws also differ on whether uninsured motorist coverage pays for property damage or only bodily injury. Some states include hit-and-run accidents under uninsured motorist provisions, while others require separate coverage for those situations.
Your policy might also have conditions about reporting requirements, deadlines for filing claims, or arbitration clauses. Reading your policy or having someone review it with you helps you understand exactly what protection you have.
Why Legal Representation Helps With UM Claims
Uninsured motorist claims can become complicated fast. You’re fighting with your own insurance company, dealing with complex policy language, and trying to prove both fault and damages. Insurance adjusters handle claims daily and know exactly how to minimize payouts.
Attorneys who handle uninsured motorist claims understand the strategies insurers use and how to counter them. They know what evidence builds strong cases, how to value claims accurately, and when settlement offers are reasonable versus insulting.
Many insurance policies include arbitration clauses for uninsured motorist disputes. These arbitration proceedings have specific rules and procedures that differ from regular court cases. Experience with the arbitration process makes a significant difference in outcomes.
Getting hit by an uninsured driver shouldn’t leave you stuck with bills and damages you didn’t cause. Understanding how uninsured motorist coverage protects you and knowing what steps to take after the accident helps you access the compensation you need for medical treatment, lost income, and recovery during an already difficult time.