What to Do If You Collide with an Uninsured Motorist

What do you do if you're in a car accident and the other driver doesn't have insurance? This is known as an "uninsured motorist" situation. The good news is that there is a type of insurance just for this situation. However, the problem can be complicated, and your insurance company will still likely want to go through the usual investigation to ensure that the uninsured motorist is at fault before they approve your claim.

If you have collided with an uninsured motorist, we can help you navigate the situation step-by-step to reach the best possible outcome.

Safety and Medical Care

In any car accident, the first and most important step is to ensure everyone's safety. Check yourself and your passengers for injuries and ask if those in the other car are injured. If necessary, call for emergency medical services and make sure everyone involves gets a medical checkup in the next few days.

If the cars are in the road, you may need to move them to a safe location, if possible.

Get the Driver's Information

Just because a driver says they don't have insurance doesn't absolve them of responsibility. Be sure to get a picture of their driver's license and license plates. Get their contact information and politely ask for the contact information of any adult passengers in their vehicle. This will make it easier to find them, investigate the case, and possibly file a lawsuit if it becomes necessary.

It may also be revealed that they do have insurance upon investigation.

Call the Police, If Necessary

Depending on local laws - or the behavior of the other driver - it may be necessary to call the police and file a report. Go through all the required steps during the initial investigation, but do not say anything that might constitute as admitting fault. This includes saying "I'm sorry" which is something people often say in response to an upsetting situation, even if they are not at fault.

Collect Evidence and Witness Statements

Take your own photos of the scene to document the immediate aftermath of the accident. If possible and safe, take pictures before the cars are moved, and then take closer pictures of damage to the vehicles after the cars are moved off the road.

If there were witnesses to the accident (there often are) ask for their contact information. Their view of the accident and possibly their vehicle dash cams can help provide clear evidence later on.

File an Uninsured/Underinsured Motorist Claim

Report the accident to your insurance provider soon after the accident. Let them know that the other driver has said they don't have insurance and provide the other driver's information. They may be able to confirm that the driver doesn't have insurance or may reveal that there is an insurance policy connected to their driver's license number.

Open the claim and explain what happened in a simple "this happened, then that happened" way. Be careful not to say anything that might be construed as admitting fault, or your claim could potentially be denied.

Work with a Car Accident Law

Consult with a car accident lawyer within a few days of your accident. Uninsured motorist claims are hard to pursue. It can be especially challenging if the costs of medical care and vehicle repairs exceeds your uninsured motorist policy. Working with a car accident lawyer can help you build a stronger claim and, if necessary, prepare to file a lawsuit against the driver to hold them personally responsible - both for the accident and for causing harm without insurance to pay for the damage they cause.

If Necessary, Sue the Driver for Damages

If your accident-related expenses go beyond the limits of your uninsured motorist policy - or if you don't have uninsured motorist coverage - then you may need to sue the other driver to recover the rest of your losses. If this becomes necessary, your car accident lawyer will help you build a strong case, represent you in court, and help you seek a fair and complete settlement for the damage caused by the uninsured driver.

Get Help with an Uninsured Motorist Collision

You don't have to face the challenges of an uninsured motorist accident alone. The legal team of Schwartz Law Firm is here to help. Contact us for expert car accident legal representation. We will help you pursue a fair claim from your insurance and help you hold the motorist responsible for the harm they caused in a lawsuit if it becomes necessary. We are here for you.