Can I Collect Money From an Uninsured Driver
You can sue an uninsured driver, but your own uninsured motorist coverage is usually the faster and more reliable way to get paid.
Yes, but your own policy is usually how you'll actually get paid
You have the right to collect from an uninsured driver who caused your accident. In practice that means one of two paths. Either your own uninsured motorist coverage pays your claim, or you sue the other driver directly and try to collect from them personally.
Most people end up going through their own insurer. Suing works in theory, but an uninsured driver usually doesn't have much money sitting around, and a court judgment against someone with no assets is hard to collect on even after you win. That's why uninsured motorist coverage exists in the first place.
Whether you have uninsured motorist coverage
If you carry uninsured motorist coverage, this is your main path to being paid. You file a claim with your own insurer, not the other driver's, since there isn't one. Your insurer investigates the accident and pays out according to your policy limits.
If you don't carry this coverage, your options narrow fast. Some states require it or make insurers offer it, but you may have turned it down in writing when you bought your policy. Check your policy declarations page for a line that says uninsured motorist coverage, or call your insurer and ask directly.
Without it, suing the other driver is close to your only route, and that depends entirely on whether they have income or property worth pursuing.
What the other driver actually has
A lawsuit only pays off if the person you're suing has something to collect from. Wages that can be garnished, property, savings. Many uninsured drivers don't have these, which is often part of why they were driving uninsured.
You can still sue and get a judgment in your favor. But a judgment is just a legal statement that they owe you money. Collecting on it is a separate process, and it can take years if the person has little income or keeps moving or changing jobs.
Before deciding to sue, it's worth asking a lawyer whether this particular driver seems worth pursuing, given what you know about their situation.
Questions people ask about this
How do I file an uninsured motorist claim with my own insurer?
You contact your insurer directly and report the accident as you would any claim, noting that the other driver was uninsured. They will ask for a police report, photos, and any other evidence showing the other driver was at fault and lacked insurance. Your insurer then evaluates the claim under your policy's uninsured motorist terms.
What if the uninsured driver fled the scene?
This typically falls under hit and run coverage, which is often bundled with uninsured motorist coverage but not always. Check your policy for how it defines a hit and run claim, since some insurers treat it as a separate category with its own rules. A police report is especially important here since there's no other driver to identify.
Can my insurance rates go up after an uninsured motorist claim?
This depends on your insurer and your state, since some states restrict insurers from raising rates for accidents that weren't your fault. Ask your insurer directly how an uninsured motorist claim is treated before you file, so you know what to expect at your next renewal.
Should I get a lawyer to sue an uninsured driver?
It's worth consulting one before you file anything, since a lawyer can tell you whether this particular driver has assets or income worth pursuing. Many personal injury lawyers offer a free initial consultation for exactly this kind of question. Without something to collect from, a lawsuit can cost more in time and legal fees than it recovers.
Does uninsured motorist coverage cover my car repairs too?
This depends on whether your policy includes uninsured motorist property damage coverage, which is separate from the bodily injury version in many states. Some states don't require insurers to offer the property damage version at all. Check your declarations page or ask your insurer which parts of uninsured motorist coverage you actually carry.
If you're not sure what your own policy covers here, it's worth comparing options before your next renewal.
Start by pulling out your policy declarations page and looking for uninsured motorist coverage, both the bodily injury and property damage versions. If you already filed a police report, have that ready too, since your insurer or a lawyer will ask for it. Call your insurer this week and ask plainly what your uninsured motorist coverage pays for and what it excludes. If you don't carry this coverage, ask what it would take to add it before you need it again. If you're considering a lawsuit, talk to a lawyer first about whether the other driver has anything worth collecting, before you spend time or money on a case.
