You have the absolute right to sue a driver who hits you and doesn’t have insurance. But the most important question isn’t can you sue, but should you? Winning a lawsuit is only half the battle; the other, often harder, half is actually getting paid. Many uninsured drivers simply don’t have the money or assets to cover a court judgment, which can leave you with a hollow victory. Before you invest your time, energy, and resources into a legal fight, you need a clear strategy. This article will explore the practical realities of how to collect money from an uninsured driver, helping you weigh the costs and benefits to make the smartest decision for your situation.
Key Takeaways
- Document Everything at the Scene: After a crash, your first move should be to call the police for an official report. Then, use your phone to photograph all vehicle damage, license plates, and the other driver’s information to create essential evidence for your claim.
- Your Own Insurance is Your Best Resource: Before trying to get money from the at-fault driver, turn to your own Uninsured Motorist (UM) coverage. It’s designed to pay for your medical bills and lost wages, offering the most direct path to financial recovery.
- Treat a Lawsuit as a Strategic Decision: You can sue an uninsured driver, but winning doesn’t guarantee you’ll get paid. A lawsuit is only a practical option if an investigation confirms the driver has assets or a steady income to cover the judgment.
What Are the First Steps After an Accident With an Uninsured Driver?
The moments after a car crash are disorienting and stressful. When you find out the other driver doesn’t have insurance, it adds another layer of complication. Taking a deep breath and following a few key steps right at the scene can protect your rights and make the claims process much smoother. Your priority is to stay safe and gather the information you’ll need later.
Stay Safe at the Scene
First things first: check on yourself and your passengers. If anyone is injured, call 911 immediately. If it’s safe to do so, move your vehicle out of the flow of traffic to a nearby shoulder or parking lot. Turn on your hazard lights to alert other drivers. Even if the accident seems minor, it’s important to assess the situation calmly. Avoid getting into a heated discussion with the other driver about fault or their insurance status. Your focus should be on safety and documentation, not confrontation.
Exchange Key Information
Even though the other driver is uninsured, you still need to collect their personal details. Don’t let them leave without getting their full name, address, phone number, and driver’s license number. Also, be sure to write down their license plate number and the make, model, and color of their vehicle. If there are any witnesses, ask for their names and phone numbers. Their account of the car accident could be incredibly helpful for your claim. Use your phone to take a picture of the other driver’s license and license plate for accuracy.
Call the Police and File a Report
No matter how small the accident seems, you should always call the police. The other driver might try to convince you to handle it without getting law enforcement involved, but you should insist. A police report is an official document that provides an objective account of the incident. It will include details about the drivers, vehicles, location, and often, the officer’s initial assessment of what happened. This report is a critical piece of evidence for your insurance company and any potential personal injury claim you may need to file.
Document Everything You Can
Your phone is your best tool at the scene of an accident. Take as many photos and videos as you can from different angles. Capture the damage to both cars, the positions of the vehicles, any skid marks on the road, and the surrounding area, including traffic signs and weather conditions. If you have any visible injuries, photograph those as well. It’s also a good idea to write down exactly what happened as soon as you can, while the details are still fresh in your mind. This personal record can be invaluable later.
How Can Your Own Insurance Policy Help?
When you’re hit by a driver with no insurance, it’s easy to feel like you’re out of options. Where will the money for your medical bills and car repairs come from? The good news is, the answer might be right in your own glove box. Your own auto insurance policy often contains specific provisions designed for this exact situation. Instead of trying to chase down someone with no assets, your first and best move is often to turn to your own insurer. Let’s walk through the key types of coverage that can help you get back on your feet.
Uninsured Motorist Coverage
Uninsured Motorist (UM) coverage is your financial safety net when you’re in an accident caused by a driver who has no liability insurance. Think of it as insurance against the uninsured. If you have this on your policy, you can file a claim with your own insurance company to cover your expenses. This includes things like your medical bills, physical therapy, and lost wages from being unable to work. It ensures you aren’t left with a mountain of debt because of someone else’s irresponsibility. It’s a crucial part of any car accident claim when the other driver is uninsured.
Underinsured Motorist Coverage
Underinsured Motorist (UIM) coverage is similar to UM but applies in a slightly different scenario. This coverage kicks in when the at-fault driver does have insurance, but their policy limits are too low to cover the full extent of your damages. For example, if your medical bills total $75,000 but the other driver’s policy only covers up to $25,000, your UIM coverage can step in to help pay for the remaining $50,000. It literally fills the gap between what the other driver’s insurance pays and what you actually need, which is especially important in cases involving serious injuries.
Personal Injury Protection (PIP)
Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage is designed to get you immediate help with medical expenses. While Arizona doesn’t require it, many drivers add it to their policies for extra peace of mind. The best part about this coverage is that it pays out for your initial medical bills right away, regardless of who was at fault for the accident. This means you don’t have to wait for a lengthy investigation to conclude before you can get treatment. It’s a fast-acting solution that can cover things like ambulance rides, hospital visits, and co-pays while your larger personal injury claim is processed.
Collision Coverage
While the coverages we’ve discussed so far focus on your physical injuries, collision coverage is all about your car. If you have this on your policy, your insurance company will pay to repair your vehicle after an accident, even if it was caused by an uninsured driver. If your car is declared a total loss, this coverage will pay out its actual cash value. You will likely have to pay your deductible, but it’s a small price compared to footing the entire bill for repairs or a replacement vehicle. It’s the part of your policy that gets your car back on the road.
How to Gather Strong Evidence for Your Claim
After an accident, your mind is racing, but this is the most critical time to gather evidence. The information you collect at the scene can make a huge difference in the outcome of your insurance claim and any potential legal action. Strong evidence helps build a clear, factual story of what happened and who is responsible. Think of yourself as a detective for your own case—every detail you document strengthens your position and helps ensure you get the compensation you deserve for your personal injury claim. Taking these steps can protect you from unfair blame and provide the proof needed to hold the uninsured driver accountable.
Get the Official Police Report
Always call the police after an accident, no matter how minor it seems. An officer will come to the scene and create an official police report. This document is an invaluable, objective record of the incident. It typically includes details like the date, time, and location of the crash, statements from both drivers, contact information for witnesses, and the officer’s initial assessment of fault. This report becomes a cornerstone of your insurance claim, providing a credible, third-party account of the events. Your insurance company will almost certainly ask for it, and having one on file makes the entire process smoother and more straightforward.
Take Photos of the Scene and Damages
Your smartphone is one of the most powerful tools you have after a crash. Use it to take plenty of photos and videos from multiple angles. Document the damage to both vehicles, getting close-ups of specific impact points and wider shots showing the cars’ final resting positions. Capture photos of license plates, skid marks on the road, debris, and any relevant traffic signs or signals. If you have visible injuries, photograph those as well. This visual evidence is incredibly compelling and can help reconstruct the accident, proving how the other driver was at fault in your car accident case.
Find Witnesses and Get Their Stories
Independent witnesses can be a huge asset to your claim. If anyone saw the accident happen, politely ask for their name and contact information. A neutral third party who can confirm your version of events adds a significant layer of credibility. Their testimony can be crucial, especially if the uninsured driver later tries to change their story or dispute the facts. Simply getting a name and phone number is enough. Your attorney or insurance adjuster can follow up with them later for a formal statement. Don’t be shy—most people are happy to help if they saw someone else was clearly in the wrong.
Track Your Injuries and Expenses
From the moment the accident happens, start a file to keep track of everything. Hold onto all medical bills, receipts for prescriptions, and car repair estimates. If you have to miss work, document your lost wages with pay stubs or a letter from your employer. It’s also a good idea to keep a simple journal detailing your injuries, pain levels, and how the accident is affecting your daily life. This detailed record creates a clear picture of the financial and personal toll the accident has taken. This documentation is essential for proving the full extent of your damages and ensuring you are properly compensated.
Can You Sue the Uninsured Driver?
The short answer is yes, you absolutely can sue an uninsured driver who causes an accident. However, the more important question is should you? Filing a lawsuit is a significant step, and it’s smart to understand what the process involves before you begin. Suing someone who has no money or assets can sometimes feel like a hollow victory, leaving you with a court judgment but no way to collect the money you’re owed. Let’s walk through what suing an uninsured driver looks like in Arizona so you can make an informed decision for your situation.
Know Your Legal Options in Arizona
When an uninsured driver hits you, you generally have three paths you can take. First, you can use your own Uninsured Motorist (UM) coverage if you have it on your policy. This is often the quickest and most straightforward way to get your medical bills and vehicle repairs paid for. Your second option is to pay for all the damages and medical expenses out of your own pocket, which is a tough situation for anyone. The third option is to file a personal injury lawsuit directly against the at-fault driver. Each path has its own set of pros and cons, and the right choice depends entirely on the specifics of your accident and financial situation.
How to File a Personal Injury Lawsuit
Filing a lawsuit starts with preparing and filing a formal complaint with the court. This document outlines what happened, why the other driver is at fault, and the damages you’re seeking. While you can legally sue an uninsured driver, the real challenge is collecting money if you win. Many uninsured drivers simply don’t have the financial resources to pay a judgment. Before you invest time and money into a lawsuit, it’s wise to consult with a car accident lawyer. An attorney can help investigate whether the other driver has any assets, like property or a steady job, that could be used to pay what you’re owed.
What It Means to “Serve” the Driver
Once you file a lawsuit, you must formally notify the person you are suing. This legal step is called “serving” them with the lawsuit papers. It’s not as simple as just handing them the documents; there are specific legal rules for how it must be done, often involving a professional process server or a sheriff’s deputy. The purpose of serving someone is to ensure they are officially aware of the legal action against them and have an opportunity to respond. This is a critical, non-negotiable step. If the driver isn’t properly served, the court can’t move forward with your case.
Get Ready for the Court Process
The court process can be long and complex. It involves gathering evidence, exchanging information with the other party (a process called discovery), and potentially attending hearings or even a trial. Even if you win your case and the judge orders the uninsured driver to pay you, the work isn’t over. Collecting that money is a separate process that can be difficult if the person has no assets. An experienced attorney can manage this entire journey for you, from investigating the driver’s finances to handling all the legal paperwork and court appearances. If you’re considering this path, it’s a good idea to get in touch with a legal team for guidance.
Is It Worth Suing an Uninsured Driver?
After a crash, finding out the other driver has no insurance feels like a punch to the gut. You’re left with vehicle damage, medical bills, and a lot of frustration. While you absolutely have the right to sue the at-fault driver, the big question is: should you? Winning a lawsuit is only half the battle. The other, more difficult half is actually collecting the money you’re awarded.
The decision to file a lawsuit often comes down to one simple factor: whether the other driver has the ability to pay. If they have no money, assets, or income, a court judgment in your favor might just be a piece of paper. Before you invest your time and energy into a legal battle, it’s critical to get a clear picture of the other driver’s financial situation. This is where a skilled personal injury attorney can be your greatest ally, helping you investigate whether a lawsuit is a practical path forward.
Find Out if They Have Assets
The first step is to determine if the uninsured driver has any assets. “Assets” is just a term for valuable things someone owns that could be used to pay off a debt. This goes beyond what’s in their checking account. Think bigger: Do they own other vehicles, boats, or expensive property? Do they have investments, stocks, or own a business? A person might not seem wealthy, but they could have valuable assets that aren’t immediately obvious. An attorney has access to professional resources to conduct a thorough asset search, giving you a realistic look at what you could potentially recover before you decide to sue.
Check for Property Ownership
One of the most significant assets a person can have is real estate. If the at-fault driver owns a home or any other type of property, it can make suing them a much more viable option. Property ownership is public record, and it’s something a legal team can verify. If you win your lawsuit, you may be able to place a lien on their property. This means that if they ever sell or refinance, your judgment must be paid from the proceeds. This provides a powerful form of security, ensuring that you eventually get the compensation you deserve, even if it takes some time.
Verify Their Place of Employment
Even if the driver doesn’t own property or have significant savings, a steady job can be considered an asset. If they have a regular income, you may be able to collect your judgment through a process called wage garnishment. This is a court order that directs their employer to withhold a certain amount from their paycheck and send it directly to you. While it might not be a lump-sum payment, it provides a consistent way to get paid back over time. This is why verifying their employment is a key part of assessing whether a car accident lawsuit is worth pursuing.
Weigh the Costs Against What You Could Recover
Ultimately, suing an uninsured driver is a strategic decision. You have to balance the potential financial recovery against the costs—not just court fees, but also the time and emotional energy a lawsuit requires. If a thorough investigation reveals that the driver is “judgment proof”—meaning they have no assets, no property, and no income—then suing them may not be the best use of your resources. You could win the case but never see a dime. This is a crucial conversation to have with your attorney, who can help you understand the risks and potential rewards to make an informed choice.
The Challenges of Collecting Money from an Uninsured Driver
Deciding to sue an uninsured driver feels like a clear path to justice, but it’s important to understand the potential roadblocks. While filing a lawsuit is your right, the process of actually collecting the money you’re owed can be complicated. The legal system can secure a judgment in your favor, but it doesn’t magically make money appear in the other driver’s bank account. Understanding these challenges upfront will help you make the best decision for your situation and set realistic expectations for what comes next. An experienced attorney can help you weigh the pros and cons, but here are some of the biggest hurdles you might face.
They Might Not Have Any Money
Let’s be honest: there’s often a reason a driver doesn’t have car insurance, and it’s usually financial. Someone who can’t afford a monthly insurance premium is unlikely to have a savings account full of cash to cover your medical bills and car repairs. This is the most significant challenge in these types of personal injury cases. You can go through the entire legal process and win a judgment, but if the at-fault driver has no income or assets—like property, investments, or savings—that court order won’t be worth much more than the paper it’s printed on. It’s a frustrating reality to face after an already stressful accident.
The Process Can Be Long and Costly
Filing a lawsuit isn’t a quick fix. The legal process takes time, often stretching out for many months or even over a year. During this period, you’ll be dealing with court filings, legal deadlines, and potentially drawn-out negotiations. It can also be expensive. Even with an attorney working on your behalf, there are court fees and other costs that can add up. You have to weigh whether the time, stress, and potential expense of a lawsuit are worth it, especially when the chances of collecting a significant amount from the other driver are low. This is a critical calculation to make before you begin.
Winning in Court Isn’t the Final Step
Many people think that a judge’s ruling in their favor is the end of the story. Unfortunately, it’s just the beginning of the collection process. A court judgment is a legal document that says the other person owes you money; it doesn’t automatically transfer funds into your account. If the driver doesn’t pay voluntarily, you have to take further legal steps to collect, like garnishing their wages or placing a lien on their property. As we’ve discussed, if they have no wages to garnish or property to put a lien on, you’re back at square one. Our team at AZ Law Now is experienced in pursuing these collection methods, but their effectiveness depends entirely on the driver’s financial situation.
Separating Fact from Fiction
It’s a common myth that if you’re hit by an uninsured driver, you have no options. That’s not true. Your first and often best source of compensation is your own insurance policy, specifically your Uninsured Motorist (UM) coverage. This is exactly what it’s designed for. However, another piece of fiction is that suing the driver is always the answer. While it’s an option, it’s often not a practical one. The hard truth is that it may not be worth pursuing a car accident lawsuit if the driver is “judgment-proof,” meaning they have no assets or income to collect from. An attorney can help you investigate the driver’s financial standing to determine if a lawsuit is a worthwhile endeavor.
How to Collect Your Money After Winning in Court
Winning your case in court is a huge victory, but it’s often just the first step. The court doesn’t hand you a check; you have to collect the money from the at-fault driver. This process is called “enforcing a judgment,” and it can feel like a whole new challenge. If the other driver doesn’t pay up voluntarily, you have a few legal tools at your disposal to get the compensation you deserve. These methods require additional court filings and a clear strategy. It’s important to understand your options so you can decide on the best path forward for your situation. Let’s walk through the most common ways to collect what you’re owed.
Garnish Their Wages
One of the most direct ways to collect your judgment is through wage garnishment. After you have a court order stating the other driver owes you money, you can ask the court for a writ of garnishment. This is a legal directive sent to the driver’s employer. The employer is then legally required to withhold a certain percentage of the driver’s paycheck and send it directly to you. This continues until the full amount of your judgment is paid off. This method is effective if the at-fault driver has a steady job, as it creates a consistent payment stream without you having to chase them down for money.
Levy Their Bank Accounts
Another powerful tool is a bank levy. This allows you to take money directly from the at-fault driver’s bank accounts to satisfy the judgment. To do this, you’ll need another court order. The process involves identifying where the person banks and then serving the bank with the levy order. The bank will then freeze the account and turn over the funds—up to the amount you are owed. Finding this financial information can be tricky, which is one of the many reasons working with a personal injury attorney can be so helpful. They have access to resources that can locate a debtor’s assets, making a bank levy a more viable option.
Place a Lien on Their Property
If the uninsured driver owns valuable property, like a house or a car, you can place a lien on it. A property lien is a legal claim attached to an asset that essentially acts as a public notice that you are owed money. This means the driver cannot sell or refinance the property without paying you first. While it might not get you paid immediately, it’s a great long-term strategy. The lien stays in place, securing your financial interest until the property is sold. Filing a lien involves recording your court judgment with the appropriate county office, ensuring your claim is legally recognized.
Negotiate a Payment Plan
Sometimes, the most practical approach is to negotiate a payment plan. The at-fault driver may not have the funds to pay the full judgment at once but might be willing to make smaller, regular payments over time. This can be a faster and less confrontational way to start receiving money without more court involvement. If you go this route, it is absolutely critical to get the agreement in writing. The document should clearly state the payment amounts, due dates, and what happens if they miss a payment. An attorney can help you draft a formal agreement that protects your rights and is legally enforceable.
When Is It Time to Call a Personal Injury Attorney?
Trying to handle the aftermath of an accident on your own can feel overwhelming, especially when dealing with an uninsured driver. While you can manage some of the initial steps, certain situations really benefit from professional legal guidance. An experienced attorney can step in to protect your interests, handle complex negotiations, and build a strong case for the compensation you deserve. If you find yourself in any of the following scenarios, it’s a good sign that you should reach out for legal advice.
When It’s Unclear Who’s at Fault
After a collision, determining fault isn’t always straightforward. The other driver might tell a different story, or there may be no clear witnesses. To get compensation, you must prove the other driver was at fault. This means showing they were negligent—that they had a duty to drive safely, failed to do so, and directly caused your injuries. A personal injury attorney can investigate the accident, gather evidence like police reports and witness statements, and work with accident reconstruction experts if needed. They know exactly what’s required to build a solid case and establish liability, which is the foundation of any successful claim.
If You’ve Been Seriously Injured
If you’ve suffered significant injuries, the stakes are much higher. You’re likely facing expensive medical bills, lost income from being unable to work, and potential long-term pain and suffering. An attorney can help calculate the full value of your claim, including future medical needs and diminished earning capacity, to ensure you don’t settle for less than you need. Suing an uninsured driver can be a practical option if they have assets like a home or a business. An attorney can also investigate if other parties, like an employer or a government entity, share responsibility for the car accident, opening up other avenues for compensation.
When Your Insurance Company Pushes Back
You pay your insurance premiums expecting your provider to have your back, but that’s not always how it works. Your insurance company is a business, and its goal is to minimize payouts, even on uninsured motorist claims. They may delay your claim, offer a lowball settlement, or argue that your injuries aren’t as severe as you say. An attorney knows how to counter these tactics. They can handle all communications with the insurance adjuster, present a compelling demand package, and negotiate aggressively on your behalf. Having a lawyer shows the insurer you’re serious about getting a fair outcome.
For Help Finding the Driver’s Assets
Before you invest time and money into a lawsuit, you need to know if the uninsured driver has any assets to pay a judgment. This is where an attorney’s resources become invaluable. A personal injury lawyer can conduct a thorough asset search to find out if the at-fault driver owns property, has a steady job, or holds other valuable assets. This investigation is a critical step in deciding whether a lawsuit is worth pursuing. If the driver has nothing to their name, winning in court might not result in any actual payment. An attorney can give you a realistic assessment so you can make an informed decision.
What to Realistically Expect When Collecting from an Uninsured Driver
Getting into an accident is stressful enough, but finding out the other driver is uninsured adds a whole new layer of complication. While you have every right to pursue compensation for your damages, it’s important to have a clear picture of what the process actually involves. Winning a lawsuit is one thing; collecting the money is another challenge entirely. Many uninsured drivers simply don’t have the money or assets to pay a judgment, which can make the path to recovery feel long and frustrating.
Understanding the potential hurdles from the start helps you make informed decisions. This isn’t about being pessimistic—it’s about being strategic. Knowing the realities of the situation allows you and your attorney to build the strongest possible case and explore every available avenue for compensation. Whether it’s through your own insurance policy or a long-term collection plan, there are ways to move forward. Let’s walk through what you can realistically expect.
How Long It Takes and Your Chances of Success
Let’s be direct: suing an uninsured driver can be difficult. The main reason is that many people who drive without insurance do so because they can’t afford it, which often means they don’t have significant savings or assets. Even if you go to court and win a judgment in your favor, collecting that money can be a serious challenge. A court order doesn’t magically make funds appear in the other driver’s bank account. This means the process can take a long time, and success isn’t guaranteed. It’s a frustrating reality, but one you need to be aware of before investing time and resources into a personal injury lawsuit.
Explore Other Ways to Settle
Before you decide to sue the at-fault driver, the first place to look is your own insurance policy. If you have Uninsured Motorist (UM) coverage, this is often the most straightforward way to cover your medical bills, lost wages, and vehicle repairs. This coverage is designed for this exact situation. Filing a claim with your own insurer is typically faster and more reliable than trying to get money from someone who doesn’t have it. While a car accident is always disruptive, having the right insurance can make the financial recovery process much smoother and less adversarial.
Plan for Long-Term Collection
If you decide to sue and win, but the driver can’t pay, the judgment doesn’t just disappear. It becomes a legal debt that you can try to collect for many years. Think of it as a long-term strategy. While the driver might not have assets now, their financial situation could change in the future. You may be able to garnish their wages or place a lien on property they acquire later on. This requires patience and persistence. Weighing the potential for future collection against the upfront costs of a lawsuit is a critical conversation to have with your attorney as you decide on the best path forward.
How to Protect Yourself in the Future
While you can’t control whether other drivers on the road have insurance, you can take powerful steps to safeguard yourself and your family. Dealing with the aftermath of an accident is stressful enough without the added complication of an uninsured driver. By being proactive, you can create a safety net that protects you physically, financially, and legally. Think of it as building a defense before you ever need one. These simple strategies can make a world of difference if you ever find yourself in this tough situation.
Carry the Right Insurance Coverage
Your own insurance policy is your single best defense against an uninsured driver. While Arizona law requires all drivers to have liability coverage, that only helps the people you might injure. To protect yourself, you need to look at your own policy options. If you have uninsured motorist (UM) coverage, it can pay for your medical bills, lost wages, and other costs when an uninsured driver hits you. This coverage steps in to act as the insurance the at-fault driver should have had. Similarly, underinsured motorist (UIM) coverage helps when the other driver has insurance, but their policy limits aren’t high enough to cover all your damages. Review your policy annually and consider adding UM/UIM coverage if you don’t have it. It’s a relatively small price to pay for significant peace of mind after a serious car accident.
Practice Safe, Defensive Driving
The easiest way to avoid a financial battle with an uninsured driver is to avoid the accident in the first place. Practicing defensive driving is one of the most effective ways to reduce your risk on the road. This means staying alert, keeping a safe following distance, and always anticipating the mistakes other drivers might make. Simple habits like putting your phone away, obeying speed limits, and checking your blind spots can prevent a collision. Remember, you share the road with everyone, from massive commercial trucks to cyclists and pedestrians. By staying focused and driving cautiously, you not only protect yourself but also contribute to a safer environment for everyone. If an accident does happen due to someone else’s negligence, knowing you did everything right can be a crucial part of your personal injury claim.
Know Arizona’s Insurance Requirements
Understanding the local laws is key to protecting yourself. In Arizona, drivers are required to carry a minimum amount of liability insurance, which includes coverage for both bodily injury and property damage. This insurance is designed to pay for the other person’s expenses if you cause an accident. However, the state minimums are often not enough to cover the costs of a serious injury, and as you know, some drivers illegally ignore this requirement altogether. This is precisely why relying on others to be responsible isn’t a sound strategy. Knowing that many drivers are either uninsured or underinsured reinforces the importance of carrying your own UM/UIM coverage. It fills the gap left by irresponsible drivers and ensures you have a path to recovery. If you have questions about your rights after an accident, don’t hesitate to contact an attorney for clarity.
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- What Happens When an Insured Driver Hits Uninsured?
- What Happens If You’re Hit by an Uninsured Driver? – AZ Law Now Injury Attorneys
Frequently Asked Questions
What if the other driver doesn’t have insurance? Will my own policy help? Yes, this is exactly what Uninsured Motorist (UM) coverage is for. If you have this on your policy, you can file a claim with your own insurance company to cover your medical bills and lost wages. It acts as a safety net, stepping in to play the role of the insurance the at-fault driver should have been carrying. It’s often the most direct and reliable way to get compensated without having to chase down the other driver for money they likely don’t have.
Should I sue the driver who hit me if they don’t have insurance? While you legally can, the more important question is whether it’s practical. The challenge isn’t winning the lawsuit; it’s collecting the money afterward. Many uninsured drivers lack the financial resources to pay a court judgment. Before you decide to sue, it’s wise to find out if the driver has any assets, like a house, a steady job, or other valuable property. An attorney can help investigate their financial situation to determine if a lawsuit is a worthwhile path.
What’s the difference between uninsured and underinsured motorist coverage? Think of them as two different safety nets. Uninsured Motorist (UM) coverage protects you when the at-fault driver has no insurance at all. Underinsured Motorist (UIM) coverage applies when the at-fault driver does have insurance, but their policy limits are too low to cover all of your medical bills and damages. UIM helps fill the financial gap between what their policy pays and what you actually need to recover.
Even if I win a lawsuit, how can I actually collect the money? Winning in court gives you a legal judgment, but it doesn’t automatically put money in your bank account. If the driver doesn’t pay willingly, you have to take further legal action to collect. This can include garnishing their wages from their employer, placing a lien on any property they own so you get paid if they sell it, or levying their bank accounts. Each of these steps requires a specific legal process to enforce your judgment.
Do I really need to call a lawyer if my own insurance is handling it? It’s a good idea to consider it, especially if your injuries are serious. Even though it’s your own insurance company, their goal is still to pay out as little as possible on a claim. An attorney can manage all communications with the insurance adjuster, ensure your damages are properly calculated and documented, and negotiate for a fair settlement. If the insurer pushes back or offers a low amount, having a lawyer on your side shows them you are serious about receiving the full compensation you’re entitled to.