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Being hit by an uninsured driver is like getting punched in the gut. Twice.

First you get socked with the pain and stress of an auto accident. Then you discover that the other driver has no insurance to cover the damage.

Talk about an unrecoverable nightmare.

One in seven drivers on American roads have no insurance at all.

Fortunately, there are legal steps you can take to protect yourself and get the money you need to make a full recovery. In this complete guide, I will show you what to do if an uninsured driver turns your life upside down.

Here’s what I’ll cover:

• What Is Uninsured Motorist Coverage and Why You Need It
• Your Legal Options After Getting Hit by an Uninsured Driver
• When Suing an Uninsured Driver Actually Makes Sense
• How to File an Uninsured Motorist Claim with Your Insurance
• Alternative Ways to Recover Your Damages
• Protecting Yourself from Future Uninsured Driver Accidents

What Is Uninsured Motorist Coverage and Why You Need It

Uninsured motorist coverage is your last line of defense if someone without insurance hits you in the car.

It’s like a safety net to catch you when the other driver can’t pay. Uninsured motorist coverage pays for medical bills, lost income and vehicle damage when the at-fault driver has no insurance at all.

The problem is…

Not all states have this coverage. But uninsured drivers cost insured drivers $16 billion annually, so choosing to drive without that safety net is pretty damn reckless.

Bodily injury coverage applies to medical expenses and pain and suffering. Property damage coverage applies to vehicle damage.

Coverage costs around $50 per year for bodily injury protection.

Your Legal Options After Getting Hit by an Uninsured Driver

Three things can happen when an uninsured driver hits you. You file a claim with your uninsured motorist coverage, you sue the driver yourself, or you pay for the accident out of pocket.

Obviously the third option is the worst. So let’s talk about the first two.

Option 1: Use Your Uninsured Motorist Coverage

When the other driver is uninsured, your own coverage is usually the best option. Consulting with experienced legal counsel like a car accident lawyer can help make sure you file your claim correctly and maximize your settlement.

Your insurance company takes care of investigation, payment, and paperwork. They handle everything.

Option 2: Sue the Uninsured Driver

You can also sue the other driver for damages. Let’s be real, though…

Most uninsured drivers have no insurance because they literally can’t afford to pay the monthly premiums. They’re too poor to pay $100 a month for basic coverage.

Does it make sense to think they could pay out $50,000 for your medical bills?

It’s like a goldfish trying to fund a Porsche.

When Suing an Uninsured Driver Actually Makes Sense

Hey, I’m not telling you never to sue. Lawsuits can be worth it in certain circumstances.

If any of these scenarios apply to your accident, you should consider legal action:

The uninsured driver has sufficient assets or income to cover your damages. If they drive a $70,000 BMW, own a house, or run a successful business, they might be able to pay. Your attorney can do an asset search to find out for sure.

The accident happened while the driver was on the job. You might be able to hold their employer liable for “respondeat superior” and sue the business’s commercial liability insurance.

You can prove that the driver purposefully chose not to carry insurance when they could afford to do so. Some people deliberately gamble by driving without coverage to save money on insurance premiums.

The downside?

If you win a lawsuit, you still have to collect. It’s kind of a separate battle. The other driver might declare bankruptcy or refuse to pay even if the judge rules against them.

How to File an Uninsured Motorist Claim with Your Insurance

Here’s what you need to do:

Report the accident immediately. Call the police and your insurance company as soon as you can. Most insurance carriers have 24/7 claim hotlines for accidents.

Collect hard evidence. Take photos of the scene, vehicle damage, and any injuries. Get contact info and statements from witnesses. Get the other driver’s name, driver’s license, and plate number.

Seek medical attention right away. Even if you think you’re okay, see a doctor right away. You could have adrenaline masking serious injuries, and you need medical records as evidence.

Document everything. Keep all receipts for medical bills, towing, rental cars, and other out-of-pocket expenses from the accident. Your insurance company will need proof.

Don’t give a recorded statement without legal advice. Your insurance company might try to limit your claim by getting you to make a damaging statement.

The process involves claims investigation, medical records review, and witness interviews. Arbitration (rather than lawsuits) is usually required by the insurance policy if you can’t agree on a settlement.

Alternative Ways to Recover Your Damages

Sometimes uninsured motorist coverage isn’t enough. If that happens, it’s time to get creative.

Try other insurance policies. For example, if you were driving someone else’s car, their coverage may apply to you.

Check if you have personal injury protection. PIP coverage pays your medical bills and lost wages regardless of who caused the accident.

Explore health insurance. Your health insurance should cover your accident-related medical bills.

Look into disability benefits. You may qualify for disability payments if your injuries keep you from working.

Protecting Yourself from Future Uninsured Driver Accidents

The best legal strategy is prevention.

Here’s how to protect yourself in the future:

Purchase adequate uninsured motorist coverage. Don’t just buy the state minimum. Opt for coverage up to your liability limits.

Consider adding an umbrella insurance policy to have more coverage in place if your other policies aren’t enough.

Opt for higher coverage limits instead of lower deductibles. You’re more likely to get hit with a big uninsured motorist accident than multiple smaller claims.

Breaking It Down

Dealing with uninsured drivers is a pain. But it’s also extremely common. The good news is that it doesn’t have to ruin your life if you know what to do.

Your uninsured motorist coverage is usually your best bet when an uninsured driver hits you. Lawsuits can be worthwhile in certain situations, but most uninsured drivers are too poor to cover your losses.

The smartest legal strategy is prevention. Get uninsured motorist coverage that’s high enough to protect you, document everything after accidents, and never handle serious injury claims on your own.

John Mali Director of Media Relations

Director of Media Relations at AboutBoulder.com

[email protected]