How to Sue an Uninsured Driver in 2024 (Take These 4 Steps)
The way to sue an uninsured driver for losses after a wreck includes gathering information, filing a police report, and calling a lawyer. Since 13% of drivers go uninsured, it's crucial to know how suing someone without car insurance works. We'll explain more about suing an uninsured or underinsured driver here.
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Heidi Mertlich
Licensed Insurance Agent
Heidi works with top-rated insurance carriers to bring her clients the highest quality protection at the most competitive prices. She founded NoPhysicalTermLife.com, specializing in life insurance that doesn’t require a medical exam. Heidi is a regular contributor to several insurance websites, including FinanceBuzz.com, Insurist.com, and Forbes. As a parent herself, she understands the need ...
Licensed Insurance Agent
UPDATED: Oct 31, 2024
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Advertiser Disclosure: We strive to help you make confident auto insurance decisions. Comparison shopping should be easy. We are not affiliated with any one auto insurance provider and cannot guarantee quotes from any single provider. Our partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.
UPDATED: Oct 31, 2024
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident auto insurance decisions. Comparison shopping should be easy. We are not affiliated with any one auto insurance provider and cannot guarantee quotes from any single provider. Our partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
To sue an uninsured driver, gather important details, file a police report, and contact an attorney to increase your odds of getting awarded a fair settlement for an auto accident.
Without the best uninsured and underinsured motorist coverage, consider suing for injuries and damages. The number of drivers without auto insurance is high, so it’s important to know how to sue uninsured drivers.
Learn whether you can sue someone for not having insurance here. Then, enter your ZIP code into our free quote tool above to compare quotes.
- Step #1: Gather Information – Collect the date, time, location, and driver’s details
- Step #2: Report the Wreck – Police reports provide essential evidence in the case
- Step #3: Get an Attorney – An attorney can explain your legal options and rights
- Step #4: Call Your Insurer – Get uninsured motorist coverage to skip future lawsuits
Bring an Uninsured Driver to Court With These 4 Easy Steps
Step #1: Gather Information
Collecting detailed information about your accident is critical to building a strong case if you’re suing someone without insurance.
Firstly, document the date, time, and location of the accident. Get the uninsured driver’s details, and if they previously had insurance but it lapsed or expired, get their insurance company’s contact information to communicate with the company. Learn how to report a driver without auto insurance here.
Take pictures of the accident scene, vehicle damages, and any relevant road signs. Good notes may also help you recall details you might forget by the time your case gets to court.Tracey L. Wells Licensed Insurance Agent & Agency Owner
In addition, eyewitness accounts can help establish which driver was at fault. Be sure to ask for any eyewitnesses’ contact information and get a statement from them. These are important steps to take when you’re trying to make an auto insurance claim when not at fault for an accident.
Step #2: Report the Accident
A police report is an official record of the incident, making it an essential piece of evidence when suing an underinsured or uninsured motorist. While you can file an auto insurance claim without a police report, it’s best to get this important document.
So, call the police immediately after your accident, give them your information, and get a copy of the police report.
Step #3: Consult With an Attorney
Contacting a no insurance car accident lawyer for legal advice will help you understand your rights and understand the complexities of suing someone who doesn’t have car insurance.
Depending on the finances of the driver, you may not get enough money to cover all your losses. So, consulting with an accident lawyer to investigate may help you decide whether or not to sue. After all, if someone can’t buy insurance, they may be unable to pay damages too.
Even if a driver claims to have nothing or files for bankruptcy, your lawyer can help you take steps to recover your expenses in the future should there ever be an opportunity.
Read More: Does bankruptcy discharge debts from being sued by an insurance company?
To establish whether it’s feasible or not to sue an uninsured driver, you’ll need to:
- Hire an accident lawyer
- Run a credit and financial check on the driver
- Put a lien on any assets that might be liquidated to pay a court settlement
Often, the best course of action is to make sure your policy covers you for unforeseen events like an accident with an uninsured driver in the first place.
Step #4: Contact Your Insurance Company
Inform your insurance company of the accident details, even if you’re not at fault. Find out if your policy covers any damages in an accident with an uninsured driver. If it doesn’t cover the damages, consider adding an uninsured/underinsured motorist policy for future protection.
Several states require drivers to carry both uninsured and underinsured motorist coverage. However, we still recommend it even if it’s not required. If you’re the victim of a hit-and-run accident, you can file a claim against your UM or UIM motorist coverage.
Check out the table below to compare average rates for uninsured motorist coverage by state:
Uninsured/Underinsured Motorist Coverage Monthly Rates by State
| State | Rates |
|---|---|
| Alaska | $30 |
| Alabama | $25 |
| Arkansas | $28 |
| Arizona | $32 |
| California | $35 |
| Colorado | $30 |
| Connecticut | $35 |
| Delaware | $33 |
| Florida | $38 |
| Georgia | $32 |
| Hawaii | $35 |
| Iowa | $28 |
| Idaho | $30 |
| Illinois | $33 |
| Indiana | $28 |
| Kansas | $30 |
| Kentucky | $28 |
| Louisiana | $40 |
| Massachusetts | $35 |
| Maryland | $35 |
| Maine | $28 |
| Michigan | $40 |
| Minnesota | $32 |
| Missouri | $30 |
| Mississippi | $25 |
| Montana | $28 |
| North Carolina | $33 |
| North Dakota | $28 |
| Nebraska | $30 |
| New Hampshire | $28 |
| New Jersey | $35 |
| New Mexico | $32 |
| Nevada | $35 |
| New York | $38 |
| Ohio | $30 |
| Oklahoma | $28 |
| Oregon | $35 |
| Pennsylvania | $33 |
| Rhode Island | $35 |
| South Carolina | $32 |
| South Dakota | $28 |
| Tennessee | $30 |
| Texas | $38 |
| Utah | $32 |
| Virginia | $33 |
| Vermont | $28 |
| Washington | $35 |
| Washington, D.C. | $40 |
| Wisconsin | $30 |
| West Virginia | $33 |
| Wyoming | $28 |
If the uninsured driver has an insurance provider, contact it too. However, don’t give a statement to any insurance company unless your lawyer is present.
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More Options if You Get in an Accident With an Uninsured Driver
A basic auto insurance policy may not cover damages in an accident where an uninsured driver is at fault. However, you can purchase the right type of auto insurance coverage for situations like that as an add-on to your policy.
Highest Percentage of Uninsured Motorists by State
| Rank | State | Percentage |
|---|---|---|
| #1 | Florida | 27% |
| #2 | Mississippi | 24% |
| #3 | New Mexico | 21% |
| #4 | Michigan | 20% |
| #5 | Tennessee | 20% |
| #6 | Alabama | 18% |
| #7 | Washington | 17% |
| #8 | Indiana | 17% |
| #9 | Arkansas | 17% |
| #10 | Washington, D.C. | 16% |
Keep in mind that the amount of coverage varies, so talk to your insurance provider to determine how much coverage you’ll get.
Vehicle damage and medical bills can quickly drain available coverage.
Ask about options available to ensure you’re completely protected.
Understanding the Steps to Seek Compensation From an Uninsured Driver
Now that you know you can sue a driver who hit you with no insurance, it’s critical to follow the right steps to collect damages. Hire an accident lawyer if a lawsuit is the best option. It’s always better to be covered against uninsured drivers, so talk to your insurance provider about uninsured motorist coverage.
Read More: Uninsured Motorist Property Damage (UMPD) Coverage
Shop around for uninsured motorist coverage from the best auto insurance companies to ensure you and your family are protected from people driving without auto insurance.
Frequently Asked Questions
How do I sue an uninsured driver?
If you’ve been involved in an accident with an uninsured driver, there are several steps you can take:
- Gather Information: Collect as much information as possible about the accident, including the other driver’s license plate number, contact details, and any relevant details about the incident.
- Contact the Police: Report the accident to the police, providing them with all the necessary details and any evidence you have.
- Notify your Insurance Company: Inform your insurance company about the accident, even if the other driver is uninsured. They can guide you on the next steps and potential coverage options.
- Consult an Attorney: It’s advisable to consult with a personal injury attorney who specializes in uninsured motorist claims. They can provide legal advice and guide you through the process of suing an uninsured driver.
However, it’s important to consider getting uninsured/underinsured motorist coverage in the event you get in an accident with an uninsured driver.
Can you sue someone who doesn’t have car insurance?
Yes, you can sue an uninsured driver for damages resulting from an accident. However, it’s important to consider that even if you win a lawsuit, the uninsured driver may not have the means to pay the damages awarded by the court. It’s recommended to consult with an attorney to assess the feasibility of pursuing legal action.
Looking to avoid suing uninsured drivers in the future? Enter your ZIP code below to compare quotes for uninsured motorist coverage from top providers in your area.
What are my options if the uninsured driver cannot afford to pay the damages?
If the uninsured driver cannot afford to pay the damages, it can be challenging to recover the full amount. However, there are a few potential options you can explore:
- Uninsured Motorist Coverage: If you have uninsured motorist coverage as part of your own auto insurance policy, it may cover some or all of the damages. Consult your insurance provider to understand the specific terms and conditions.
- Personal Assets: If the uninsured driver has personal assets, you may be able to pursue a judgment against those assets to recover the damages. This typically involves a legal process and can vary based on local laws and regulations.
- Installment Payments: If the uninsured driver cannot pay the full amount upfront, you can explore the possibility of setting up a payment plan, allowing them to make regular installment payments until the debt is repaid.
You should also speak with an insurance attorney to discuss your options further.
Are there any alternatives to suing an uninsured driver?
Yes, there are alternatives to suing an uninsured driver. Depending on your insurance coverage and the circumstances of the accident, you may have the following options:
- Uninsured Motorist Coverage: If you have uninsured motorist coverage as part of your auto insurance policy, it can help cover your damages, medical expenses, and other losses resulting from the accident.
- Mediation or Arbitration: Instead of going through the court system, you can explore mediation or arbitration. These alternative dispute resolution methods involve a neutral third party helping you and the uninsured driver reach a settlement.
- Small Claims Court: If the damages are within the limits of your local small claims court, you can file a claim against the uninsured driver without the need for an attorney. Small claims court is designed to handle relatively minor disputes.
Ready to compare rates for uninsured motorist coverage? Enter your ZIP code into our free quote tool below to get started today.
Can I file a lawsuit against an uninsured driver for personal injuries?
Yes, you can file a lawsuit against an uninsured driver for personal injuries you have sustained in an accident. However, it’s important to consider that even if you win the lawsuit and are awarded damages, the uninsured driver may not have the financial resources to pay. Consulting with a personal injury attorney experienced in handling uninsured motorist cases will help you understand the potential outcomes and options available to you.
What is uninsured motorist coverage, and how does it work?
Uninsured motorist coverage is an optional insurance coverage that can be added to your auto insurance policy. It provides protection in the event you are involved in an accident with an uninsured or underinsured driver.
If you have uninsured motorist coverage, your own insurance company may step in to cover your damages, medical expenses, and other losses up to the limits specified in your policy. The specific terms and conditions of uninsured motorist coverage can vary, so it’s advisable to review your policy and consult your insurance provider for detailed information.
To find cheap uninsured motorist coverage, use our free quote comparison tool below to get started.
How often do people drive without car insurance?
How many drivers don’t have auto insurance? According to the Insurance Research Council, 13% of drivers in the United States are uninsured.
What happens if the person at fault in an accident has no insurance in California?
You must pay the other drivers’ damages and medical bills if you’re at fault in California. Check out our article on California auto insurance to learn more.
What happens if you get in an accident without insurance in Michigan?
Michigan law requires drivers to carry auto insurance. Uninsured motorists face up to a $500 and/or jail for a year.
Read More: Michigan Auto Insurance
What happens if the person at fault in an accident has no insurance in Texas?
Texas drivers may be penalized with a citation or license suspension if they get in an accident without insurance. Find out more about Texas auto insurance laws here.
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Enter your ZIP code below to view companies that have cheap auto insurance rates.
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Heidi Mertlich
Licensed Insurance Agent
Heidi works with top-rated insurance carriers to bring her clients the highest quality protection at the most competitive prices. She founded NoPhysicalTermLife.com, specializing in life insurance that doesn’t require a medical exam. Heidi is a regular contributor to several insurance websites, including FinanceBuzz.com, Insurist.com, and Forbes. As a parent herself, she understands the need ...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.