What to Do If You're Hit by an Uninsured Driver

Learning that the driver who hit you has no insurance can be both frustrating and overwhelming. You're suddenly left wondering who will pay your medical bills, repair your vehicle, compensate you for your lost wages, and make up for your pain and suffering. The good news is that an uninsured driver does not necessarily mean you are without options. Depending on the circumstances, there may be avenues for recovering the compensation the law allows. Understanding what to do in the hours and days following the accident can make a significant difference in protecting your rights.

 

What Should You Do Immediately After the Accident?

If you're ever involved in a crash with an uninsured driver, the steps you take immediately afterward can have a significant impact on your ability to recover compensation.  First, check yourself and others for injuries and call 911 so law enforcement and emergency medical personnel can respond to the scene. If you are experiencing any pain or discomfort—no matter how minor it may seem—report it to the responding paramedics and police officers. What initially feels like a minor ache may actually be the first sign of a more serious injury. It is not uncommon for accident victims to underestimate the severity of their injuries because the shock and adrenaline following a collision can temporarily mask pain.

 

Evidence Doesn't Wait - and Neither Should You.

Surveillance video may be overwritten within days, witnesses become difficult to locate, and memories fade. Gathering information immediately after the crash gives you the best opportunity to preserve the evidence needed to prove your claim.  

 

If you are physically able, try to collect the following information before leaving the scene:

• The other driver's name, address, telephone number, driver's license number, and insurance information, if available.
• The other vehicle's license plate number, make, model, and color. This information can be especially important in a hit-and-run investigation.
• The names and contact information of any witnesses.
• The location of nearby businesses, homes, or traffic cameras that may have captured the collision.
• Photographs or video of the vehicles, roadway, skid marks, debris, weather conditions, traffic signals, and your visible injuries.

Notify Your Insurance Company Promptly

You should notify your insurance company of the accident as soon as reasonably possible and in accordance with the terms of your insurance policy. Do not assume you can wait until you know the full extent of your injuries.  

 

Insurance policies are contracts, and many uninsured motorist (UM) and underinsured motorist (UIM) policies contain notice requirements, consent-to-settlement provisions, and other important deadlines that must be satisfied before benefits become available. Unlike many legal deadlines established by statute, these requirements arise from the language of your insurance policy itself. Failing to comply with a contractual notice requirement or other policy condition may jeopardize—or in some circumstances even eliminate—your right to recover uninsured or underinsured motorist benefits, even if you have an otherwise valid claim.

 

Every Insurance Policy Is Different

Because every insurance policy is different and contains its own definitions, exclusions, conditions, deadlines, and procedures, never assume or rely on advice based upon someone else's experience. What was true in another case may not be true in yours. 

 

Although you should promptly report the accident, you should also be thoughtful about the information you provide.

Before giving a recorded statement, signing medical authorizations, signing other documents, or accepting any settlement offer, consider consulting with an experienced personal injury attorney to ensure your legal rights are fully protected. If you have questions about your obligations under your policy, ask them before signing anything. Once certain rights are waived, they may be difficult—or impossible—to recover.

 

Understanding Uninsured and Underinsured Motorist Coverage

If the uninsured driver is responsible for causing the accident, your own automobile insurance policy may provide an important source of recovery through uninsured motorist (UM) coverage. Likewise, if the at-fault driver has insurance but not enough to fully compensate you for your injuries, underinsured motorist (UIM) coverage may provide additional compensation.  In many cases, uninsured and underinsured motorist coverage allows your own insurance company to step into the shoes of the negligent driver and compensate you for damages that otherwise would go unpaid. Depending on your policy, this coverage may include compensation for medical expenses, lost wages, pain and suffering, disability, and loss of a normal life.

 

Other optional coverages may also help offset your losses. Collision coverage can help pay to repair or replace your vehicle regardless of who caused the accident. Medical Payments Coverage (MedPay) or Personal Injury Protection (PIP), where available, may help pay medical expenses regardless of fault.

 

Don't Assume the Other Driver Is Truly Uninsured

Insurance coverage is often more complicated than it first appears.  Sometimes a driver appears to be uninsured because they cannot produce an insurance card at the scene or mistakenly believe they have no coverage. In other situations, additional insurance may exist through a family member's household policy, an employer's policy if the driver was working at the time of the crash, or an umbrella or excess liability policy. Before concluding that no insurance is available, it is often worthwhile to conduct a thorough investigation into every potential source of recovery. An experienced personal injury attorney can investigate every potential source of insurance coverage, including household family member policies, employer policies if the driver was acting within the course and scope of employment, umbrella or excess liability policies, and other insurance that may not be immediately apparent.

 

What If the Accident Was a Hit-and-Run?

Many of these same principles apply if you are injured in a hit-and-run accident. Because the at-fault driver cannot be identified, uninsured motorist coverage often becomes the primary source of compensation. It is especially important to report a hit-and-run accident to the police immediately and notify your insurance company as soon as possible. Many insurance policies contain strict reporting requirements and deadlines that apply specifically to hit-and-run claims. Waiting too long to report the accident may jeopardize your ability to recover uninsured motorist benefits.

 

Why Handling an Uninsured Motorist Claim Alone Can Be Risky

Many people mistakenly believe that making a claim against their own insurance company will be easier than pursuing a claim against another driver's insurer. Unfortunately, that is not always the case. Although your insurance company owes contractual obligations under your policy, it also has the right to investigate your claim, review your medical records, question liability, evaluate the nature and extent of your injuries, and challenge the amount of compensation you seek.

 

Additionally, insurance policies often contain notice requirements, consent provisions, deadlines, and other conditions that must be satisfied before benefits become payable. Accepting a settlement too early, signing documents without fully understanding their legal effect, or failing to comply with your policy's requirements may significantly affect your ability to recover the compensation you deserve.

 

In many states, including Illinois, disputes over uninsured and underinsured motorist benefits are often resolved through arbitration rather than a traditional jury trial. Those proceedings have their own rules and procedures, making experienced legal representation especially valuable.

 

Don't Wait to Protect Your Rights

Being injured by an uninsured driver can leave you feeling frustrated, uncertain, and overwhelmed. Fortunately, you are not without options. Understanding your insurance coverage, preserving evidence, complying with important policy deadlines, and obtaining experienced legal advice can make a significant difference in protecting your rights and maximizing your recovery. 

 

Every accident is different, and every insurance policy contains its own unique terms and conditions. Speaking with an experienced personal injury attorney early in the process can help you avoid costly mistakes, identify every available source of insurance coverage, preserve important evidence, and ensure that every applicable deadline is met.  Most importantly, it allows you to focus on what truly matters—your health and recovery—while knowing that someone is protecting your legal rights and working to recover the full compensation the law allows.