What to Do If the At-Fault Driver Is Uninsured or Underinsured

Getting into a car accident is stressful enough—but discovering the at-fault driver has no insurance or minimal coverage can make the situation feel hopeless. Unfortunately, 1 in 8 drivers in the U.S. is uninsured, and many more carry only the minimum required coverage, which often isn’t enough to cover serious injuries or property damage.

If you’ve been hit by an uninsured or underinsured motorist (UM/UIM), you still have options to recover compensation. At Boohoff Law, we help accident victims navigate these complex situations every day. Here’s what you need to know to protect your rights.

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Understanding Uninsured (UM) and Underinsured (UIM) Motorist Coverage

Before diving into your options, it’s important to understand the difference between uninsured and underinsured motorist claims:

• Uninsured Motorist (UM) Coverage – Applies when the at-fault driver has no insurance at all or is a hit-and-run driver.
• Underinsured Motorist (UIM) Coverage – Kicks in when the at-fault driver has insurance, but their policy limits are too low to cover your damages.

These coverages are optional in some states but required in others. If you’re unsure whether you have UM/UIM coverage, check your policy or ask your insurance agent.

Step 1: Seek Medical Attention Immediately

Even if the at-fault driver doesn’t have insurance, your health comes first. Delaying medical care can worsen injuries and hurt your claim later.

Why This Matters:

• Adrenaline can mask pain, some injuries (like whiplash or concussions) take days to appear.
• Insurance companies (including yours) will scrutinize medical records to verify injuries.
• Gaps in treatment can be used to argue your injuries weren’t serious.

What to Do:

• Go to the ER or urgent care if you have any pain, dizziness, or discomfort.
• Follow all doctor’s orders (physical therapy, medications, etc.).
• Keep detailed records of all medical visits, bills, and prescriptions.

Step 2: Report the Accident to the Police

Even if the other driver begs you not to call the police, always file an official report. This creates a legal record of the crash, which is crucial if the driver is uninsured.

Why This Matters:

• Police reports establish fault and document key details (witness statements, road conditions, etc.).
• Hit-and-run drivers can sometimes be tracked down through police investigations.
• Your insurance company will require a police report for UM/UIM claims.

What to Do:

• Call 911 from the scene and wait for officers to arrive.
• Get the officer’s name and badge number for follow-up.
• Request a copy of the police report (usually available within a few days).

Step 3: Gather Evidence at the Scene

Since the at-fault driver doesn’t have insurance, you’ll need strong evidence to support your claim.

Critical Evidence to Collect:

• Photos & Videos – Damage to both vehicles, skid marks, traffic signs, weather conditions.
• Witness Information – Names, phone numbers, and statements from bystanders.
• Driver Details– License plate, driver’s license number, and contact info (even if they’re uninsured).

If It’s a Hit-and-Run:

• Write down any details about the fleeing vehicle (color, make, model, partial plate).
• Check for nearby surveillance cameras (gas stations, traffic cams, doorbell cameras).

Step 4: Notify Your Insurance Company

Even though the other driver is at fault, you’ll need to file a claim with your own insurer if you have UM/UIM coverage.

What to Expect:

• Your insurer will investigate just like the at-fault driver’s company would.
• They may try to minimize your claim—don’t accept a lowball offer.
• You may need to prove the other driver was uninsured/underinsured (police reports help).

What to Avoid:

• Don’t admit fault (even saying “I’m sorry” can be twisted against you).
• Don’t give a recorded statement without a lawyer.
• Don’t sign anything until you’ve consulted an attorney.

Step 5: Explore All Possible Compensation Options

If the at-fault driver is uninsured or underinsured, you may still recover damages through:

1. Your Own UM/UIM Coverage

• Covers medical bills, lost wages, and pain/suffering up to your policy limits.
• Required in some states, optional in others (check your policy).

2. Collision Coverage (For Vehicle Damage)

• Pays for repairs or replacement if you have this optional coverage.
• Your rates shouldn’t increase if you weren’t at fault.

3. Health Insurance or MedPay

• Helps cover medical bills while your UM/UIM claim is processed.
• MedPay (if you have it) can cover deductibles and co-pays.

4. Suing the At-Fault Driver (If They Have Assets)

• If the driver has savings, property, or a high-income job, you may recover compensation through a lawsuit.
• However, many uninsured drivers have few assets, making this option difficult.

Step 6: Consult a Personal Injury Lawyer

Dealing with an uninsured motorist claim is complex, and insurance companies often fight these claims aggressively. A lawyer can:

• Investigate the accident to prove the other driver’s fault.
• Negotiate with your insurer to maximize your UM/UIM payout.
• File a lawsuit if necessary (e.g., if the insurer denies your claim unfairly).

When to Call a Lawyer:

• Your insurer denies or undervalues your claim.
• You have severe injuries requiring long-term care.
• The at-fault driver disputes liability.

Frequently Asked Questions (FAQs)

Q: Will my rates go up if I file a UM/UIM claim?

A: Not necessarily. By law, insurers in most states can’t raise your rates for a claim that wasn’t your fault.

Q: What if I don’t have UM/UIM coverage?

A: You may still recover through:
– Health insurance (for medical bills).
– Collision coverage (for car repairs).
– A lawsuit against the at-fault driver (if they have assets).

Q: How long do I have to file a UM/UIM claim?

A: Deadlines vary by state (Florida: 4 years for injury claims, 5 years for property damage). Don’t wait—evidence disappears over time.

Q: Can I sue an uninsured driver?

A: Yes, but many uninsured drivers lack assets to pay a judgment. A lawyer can help assess whether it’s worth pursuing.

Don’t Let an Uninsured Driver Leave You Financially Stranded

Just because the at-fault driver doesn’t have insurance doesn’t mean you’re out of options. UM/UIM coverage, collision insurance, and legal action can all help you recover damages.

At Boohoff Law, we fight to ensure accident victims get the compensation they deserve—even when the other driver is uninsured.

Contact Boohoff Law, P.A. at (813) 445-8161 for a free consultation.

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