What happens if the at-fault party isn’t insured?

Frustrated man on the phone after car accident where the at fault party was not insured


What happens if the at-fault party isn't insured?

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What happens if the at-fault party isn’t insured?


Frustrated man on phone with insurance after finding out at fault party isn't insured

After a car accident, the next step is to file a claim through the at-fault party’s insurance. When the at-fault party is not insured, it becomes harder to collect damages. You will need to consider multiple avenues for recovering your financial losses due to their negligence.

Uninsured drivers are prevalent in the United States. Unfortunately, this causes problems for insured drivers. Many insured drivers lose money every year paying for additional insurance to protect themselves against these negligent drivers. They may even lose money on a car accident lawsuit if their lawyer does not properly handle the case.

No matter the circumstances, if you have been hit by an uninsured driver, you will need to contact a car accident attorney. Call us today at (561) 621-4200 to get a free consultation.

Uninsured Driver Statistics

  • In 2019, the Insurance Information Institute found that 12.6% of drivers (about one in eighty) were uninsured. That’s approximately 32 million uninsured drivers in the USA.
  • Mississippi, Michigan, and Tennessee have the highest rates of uninsured drivers in the United States.
  • New Jersey has the fewest uninsured drivers of any state.
  • Uninsured motorist coverage cost insured drivers about $13 billion in the USA in 2016.
  • One of the main reasons that drivers do not have insurance is that they cannot afford it. The second reason is that they do not often use their vehicle.

What do I do at the scene of a car accident if the at-fault party isn’t insured?


You will still follow the normal steps after any type of car accident, even if the at-fault party isn’t insured. Your first priority will be establishing your own health and safety. This means moving away from the vehicle, getting it clear of the road, and calling the police to secure the scene.

Once you have done this, you will need to begin your evidence collection. Photograph the scene and all damages to individuals or vehicles. Exchange information with the other driver, including getting their contact information.

Speak with witnesses and get their contact information. Request a copy of the police report from the police officers on the scene. After leaving the scene, be sure to seek medical attention from a doctor.

What happens if the at-fault party isn’t insured?


It is possible to recover compensation if the at-fault driver does not have insurance. However, it is more challenging than pursuing a direct route through the at-fault driver’s insurance company. You will need to work with an experienced car accident attorney to discuss the best course of action to get you maximum compensation while protecting your rights.

Call us today to find out what we can do to help you recover what you lost.

Uninsured Motorist Coverage

All drivers are encouraged to carry uninsured motorist coverage. This is an optional addition to your policy that will help pay for your expenses if you are injured by an uninsured driver in a car accident. The coverage means that your insurance company will help you cover the expenses up to a limit to ensure that you can cover your hospital fees and lost wages from work.

Similarly, you can add underinsured motorist coverage to your car insurance policy to protect against at-fault accidents with underinsured drivers. If their policy is unable to cover your financial damages, you can claim them against your own insurance. This helps prevent you from losing money due to a third party’s negligence.

When you file these claims, your insurance company will not happily hand you the money. They will require proof of injuries, medical bills, property damage reports, and a police report to begin the process of investigating your claim. It may feel like they are trying to counter your legitimate claim.

This is why it’s vital to work with a car accident lawyer who can defend your rights. We are skilled at negotiating with insurance companies to get you what you deserve.

Personal Injury Protection Insurance

In at-fault car accident states like Florida, drivers must first make a claim for personal injury damages and property damages with their own insurance. These states require a level of personal injury protection, often starting at $10,000. This means that the driver’s injuries will be covered up to the cost of $10,000.

With many car accidents causing serious, life-long injuries, $10,000 is not likely to cover the entirety of your claim. If this is the case, you can proceed to file a lawsuit for the additional sum after you have collected your personal injury protection insurance payout.

Filing a Lawsuit Against the At-Fault Driver

In every state, you have the option to file a lawsuit against the uninsured at-fault driver. You can do so to recover damages above what is covered by your uninsured motorist and personal injury protection insurance policies. Alternatively, you can file them to cover the emotional damages not covered by your own insurance.

The risk of filing a lawsuit against an uninsured driver is that they may not be able to afford the full amount of your damages. In many cases, these individuals could not afford car insurance to begin with. It is extremely unlikely that they can afford the hundreds of thousands you’ll require for serious surgeries.

With the help of a car accident lawyer, you can establish a payment plan to ensure that you at least collect your damages over time.

If the at-fault party is not insured, call a car accident lawyer


Our experienced car accident attorneys know what steps to take after an accident with an uninsured driver. We don’t believe that victims should have to pay for someone else’s negligence. 

Call us today for a free case evaluation at (561) 621-4200.

If you’ve been injured in an accident, it is imperative that you surround yourself with the best legal care as soon as possible.

Fill out the form below to get started for free.

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