When the other driver doesn’t have insurance, they can’t pay for the damage or injuries they caused. Even though driving without insurance is illegal in most places, many people still do it.
If you sue an uninsured driver, their lack of insurance often signals they may not have the financial means to pay, even if a court orders them to. That’s why it’s critical to understand your own insurance coverage and how it can step in when the other party can’t.
And of course, you can contact uninsured motorist lawyers to help you figure out the best available option that can cover your damages.
Options for Filing for Damages
Just because the other driver doesn’t have insurance doesn’t mean you’re out of luck.
Here are a few ways you can still file for damages and get compensated for what you’ve lost.
Uninsured Motorist Coverage (UM)
One of the easiest ways to protect yourself is by having uninsured motorist (UM) coverage in your own insurance policy. This coverage kicks in when the other driver is at fault but doesn’t have insurance. If you’re injured or your car is damaged, your insurance can cover those costs.
Most people don’t realize that UM coverage comes in two forms: one for bodily injuries and one for property damage. This means if you’re hurt in an accident or your car is wrecked, UM coverage can help cover your medical bills and car repairs.
Make sure you check your policy to make sure you have this coverage and to confirm that it includes both bodily injury and property damage. If you’re not sure what’s included, call your insurer and ask for clarification.
Personal Injury Protection (PIP)
In some states, Personal Injury Protection (PIP) insurance is required. PIP can help cover your medical expenses and other costs, whether you’re at fault or not.
This is especially helpful when dealing with an uninsured driver because you don’t have to rely on their insurance or lack of it to get the compensation you need. PIP is essentially a no-fault coverage that ensures you’re taken care of, no matter who caused the accident.
You should check whether your state requires PIP, as it can significantly reduce the financial burden in the event of an accident.
Filing a Lawsuit
If the other driver doesn’t have insurance and you don’t have UM or PIP coverage, you may have to consider filing a lawsuit against them. However, keep in mind that this option can be complicated and expensive.
In many cases, if the driver doesn’t have insurance, they might also not have the assets to pay for the damages. Even if you win the lawsuit, collecting the money can be difficult.
Filing a lawsuit can also take a long time. Court cases are drawn out, and you may end up spending money on legal fees without any guarantee that the other driver will be able to pay.
For these reasons, filing a lawsuit is usually a last resort unless you’re confident the driver has assets you can go after.
