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Compensation Options When Drivers have No Insurance
Motorists are required to have vehicle insurance in order to drive across America.
However, this doesn't mean everyone is insured in the event of a car accident.
It's not uncommon for people to let their insurance policy lapse, or simply fail to get insurnace coverage as required.
Millions of car accidents happen every year, and as many as 20% or more involve uninsured vehicles or underinsured drivers.
This can leave accident injury victims with few options to secure compensation for the harm they suffered.

If you have been injured in an accident with an uninsured driver, let our uninsured car accident lawyers at Lawsuit Legal review the unique details of your case. Get a free consultation to review your legal options now.
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Uninsured Accident Injury Claims
Typically accident victims will seek to collect damages from the liable insurance coverage after a crash. This auto insurance can cover medical expenses, auto repair costs, and other crash-related bills and losses.
How does this work if the at-fault driver is uninsured?
So long as you are legally entitled to pursue damages, your own uninsured motorist coverage can provide compensation after a crash up to your policy limits. You may still be able to seek to hold the at-fault driver accountable through a civil lawsuit.
What happens if I'm hurt in a car accident and my insurance lapsed?
If you are uninsured and injured, the at-fault drivers liability coverage may allow for recovery of damages. The injured party is not required to have insurance coverage to seek compensation from the at-fault driver. Not having insurance doesn't mean you are automatically responsible for the accident. Much depends on the unique circumstances of the crash and nature of the case.
Tort law allows you to file a lawsuit against the person who caused your collision. Without insurance there may be less money available to recover in compensation for your losses.
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Damages in an Auto Accident Case
Common damages that can be sought for compensation in a car accident claim include:
- Medical Expenses: Covers hospital stays, medical bills, medication costs, rehabilitation, and any future accident-related medical needs.
- Lost Wages: Compensation for income lost due to the inability to work during recovery and future lost wages due to an inability to work or disability.
- Property Damage: Reimbursement for vehicle repairs or replacement as well as consideration for any damaged or lost property in the vehicle at the time.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the crash.
If you have uninsured motorist (UM) coverage as part of your policy, it can step in to cover damages up to the policy limits.
If the at-fault driver has insufficient insurance to cover your losses, your underinsured coverage (UIM) benefits may be able to bridge the gap.
When an uninsured motorist is involved in a car accident, it can complicate the process of recovering damages. Consult an experienced personal injury attorney to review your recovery options.
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If You Are at Fault and Don't Have Insurance Coverage
A variety of reasons can cause people to be driving without insurance in violation of the law. Most commonly motorists can't afford it or mistakenly let their insurance policy lapse.
It's important to realize that in the event of an auto accident, if you are the at-fault driver and don't have insurance, you may be personally responsible for compensating the injured parties out-of-pocket. Personal injury lawsuits filed on behalf of the injury victims will seek to hold you accountable for the harm you caused. Even if the injured victims have uninsured coverage, the insurance company will likely sue to recover what it paid to the victims as a result of the accident you caused.
There are serious penalties for driving without valid insurance in most states. Don't risk it as there's a good chance you will face consequences best avoided.
Can you get deported after a car accident if you are undocumented?
The traffic laws apply to all motorists regardless of your immigration status. While there are potential penalties for driving with no insurance, there is no fear of getting deported after being in a collision. You can still seek medical attention and have a right to file a compensation claim from the at-fault driver.
Uninsured Accident Frequently Asked Questions
- Q: What happens if the person at fault in an accident has no insurance?
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A: If the at-fault driver has no insurance at the time of the accident you may be able to seek compensation from your UM coverage or UIM coverage up to the policy limits. If your damages exceed the policy limits you may be able to sue the at-fault driver and recover compensation paid from the personal assets of the responsible motorist.
- Q: Can I still sue after a car accident if I am uninsured
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A: If you've been in an accident with no insurane you should speak to an attorney. You still may be able to recover compensation for accident-related losses regardless of your insurance status from the at-fault driver.
If you are hit by an uninsured motorist, the injured party still has several options for recovery. You may file a claim against the at-fault driver's insurance irregardless of whether you have valid insurance at the time of the collision. A variety of factors can complicate a personal injury case and affect the ability to obtain compensation, speaking with an injury lawyer improves your chances of obtaining a positive outcome.
Let Lawsuit Legal Handle Your Personal Injury Case
Accident injury claims involving uninsured vehicles can be complex liability matters and insurance law. After an accident with an uninsured driver an experienced our car accident attorneys will be able to help you navigate the legal claim process to maximize your compensation options for the best possible outcome.
Contact our uninsured car accident lawyer now for a free legal consultation. If you've been hurt and face substantial expenses for the treatment you need to make a long-term recovery, let the injury lawyers at Lawsuit Legal help you get paid what you deserve.
If the other driver had no insurance, you still may have legal options to obtain compensation. Contact us now to discuss your legal options.
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External Resources
Whistleblower News
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$6.5 Million Settlement Client Rear Ended & Suffered Brain Damage
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- Illinois Appellate (May 6 - Goldenhersh Lawsuit) -
$4 Million Lawsuit Settlement in State Trooper Patrol Car Accident
- Washington State, (Terlinchamp Verdict)