Were you hit by a driver who has no insurance?
It’s a gut punch. You are not at fault…but whoever caused the accident doesn’t have an insurance company to pay you.
Here’s the problem:
Believe it or not, this is much more common than you’d expect. In 2023, 15.4% of drivers traveling on U.S. roads were uninsured. That means there was more than one car in seven on the road that did not have insurance during your average commute.
The good news?
No insurance on the driver doesn’t mean your claim is dead. There is a good chance you can recover compensation for your medical expenses, lost income and even pain and suffering. You just need to know where to turn.
Here’s how it works…
Here’s What’s Inside:
- Why So Many Drivers Skip Insurance
- Can You Still Get Pain and Suffering Damages?
- Where the Money Comes From When There’s No Insurance
- What To Do Right After the Crash
- What About Hit-and-Run Drivers?
Why So Many Drivers Skip Insurance
Drivers are required to maintain liability insurance in nearly every state in the U.S. Except New Hampshire.
But laws don’t always stop people.
Car insurance rates have skyrocketed recently. Some drivers decide to drop their policy when finances become tight and continue driving. Some purchase the minimum coverage and find it quickly depleted after a major accident.
Combine those two categories and things start to look terrifying. Nationwide, roughly one in three drivers were uninsured or underinsured in 2023. In Mississippi, drivers without insurance reached 28.2%.
And as you know…
More uninsured drivers = More crash victims left holding the bill.
Can You Still Get Pain and Suffering Damages?
Yes. But where the money comes from changes.
Pain and suffering damages compensate you for the injuries that don’t leave a receipt. Consider:
- Physical pain from your injuries
- Stress, anxiety and trouble sleeping
- Missing out on the hobbies and events you love
Pain and suffering damages are the most subjective part of any claim, and insurance adjusters know that. That’s why many crash victims hire injury attorneys to document their pain, value it accurately and fight back when the offer is too low.
Typically, an at-fault driver’s insurance company foots the bill for these damages. If there is no insurance company involved, you’ll need another source.
Remember: No insurance does not mean no claim.
Where the Money Comes From When There’s No Insurance
There are four main areas to search. Many search multiple areas.
Uninsured Motorist (UM) Coverage
This is your best option by far.
Uninsured motorist coverage comes from your own auto insurance policy. It acts as though it was the other driver’s insurance policy. It can pay for your medical expenses, lost income and pain and suffering up to the limits of your policy.
Some states require drivers to have UM coverage. Some states require insurance companies to offer UM coverage. Many drivers refuse it to save a few bucks. Get out your policy and look at your declarations page. You may already have it.
But here’s the kicker…
You are filing a claim against yourself. Just because you pay into insurance monthly doesn’t mean they have your back. They will find reasons to pay you less.
Personal Injury Protection (PIP) or MedPay
If you reside in a no-fault state, your PIP coverage pays out first regardless of who caused the collision. It typically covers your medical expenses and portion of lost wages.
What it doesn’t cover is pain and suffering.
In other no-fault states, you must meet a “threshold” before you can even make a claim for pain and suffering. The threshold could be that your medical bills exceed a certain amount, or that you have sustained a permanent injury. MedPay is similar in these states, but it only applies to medical expenses.
Health Insurance
Your insurance can cover doctors visits, surgery and therapy during the pendency of your claim. However, your health insurance company may be reimbursed if you recover money from the accident.
Suing the Driver Directly
You can always sue the at-fault driver yourself.
Easy Peasy Lemon Squeezy. Hold on. Sure, the courts may grant you that large amount. But what good does that do you if the driver is broke? Judgments are only worth what the other person can pay you.
Sometimes you can garnish their wages. It’s tedious… but it pays off eventually.
What To Do Right After the Crash
The actions you take during the first few days will determine whether your claim succeeds or fails. Follow these steps:
- Call the police and get a copy of the crash report
- Take photos of the cars, the scene and your injuries
- Get the other driver’s name, address and license plate number
- See a doctor, even if you feel “fine”
- Tell your own insurance company about the crash as soon as possible
That last step is more important than most people realise. Many UM policies have strict notice provisions. The insurer may try to deny your claim if you wait too long.
Maintain a simple pain journal. Keep track of how you feel each day, what you are no longer able to do and every doctors appointment you attend. This type of record helps greatly in proving your pain and suffering damages.
One last thing: Watch out for recorded statements. Adjusters can use your words against you to minimize your claim.
What About Hit-and-Run Drivers?
Typically, a hit- and-run driver is treated as an uninsured driver. If they can’t be identified, your UM coverage will kick in.
But there’s a catch…
Most policies require you to notify the police of the crash as soon as possible. Some policies have additional requirements to establish the involvement of another vehicle. Carefully read your policy. Act quickly.
The Bottom Line.
Being hit by an uninsured motorist can be incredibly frustrating, but don’t worry…it’s not the end of the world. Your claim still proceeds, it just travels down a different road. To review briefly:
- Check your policy for uninsured motorist coverage
- Use PIP, MedPay or health insurance for early medical bills
- Keep records of your pain from day one
- Report the crash to your insurer fast
- Only look at a direct lawsuit if the driver has assets
The time to protect yourself is BEFORE a crash occurs. Spare five minutes today to review your UM limits. If they’re low, increasing them will cost MUCH less than you imagine… and may prevent a financial catastrophe in the future.
