How To Sue a Driver With No Insurance

Knowing how to sue someone with no car insurance is the first step to recovering your losses in the event you’re in an accident with an uninsured driver. Read on to learn about how the process works.

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Rachel Bodine graduated from college with a BA in English. She has since worked as a Feature Writer in the insurance industry and gained a deep knowledge of state and countrywide insurance laws and rates. Her research and writing focus on helping readers understand their insurance coverage and how to find savings. Her expert advice on insurance has been featured on sites like PhotoEnforced, All...

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Written by Rachel Bodine
Feature Writer Rachel Bodine

Dan Walker graduated with a BS in Administrative Management in 2005 and has been working in his family’s insurance agency, FCI Agency, for 15 years (BBB A+). He is licensed as an agent to write property and casualty insurance, including home, auto, umbrella, and dwelling fire insurance. He’s also been featured on sites like Reviews.com and Safeco. He reviews content, ensuring that ex...

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Reviewed by Daniel Walker
Licensed Auto Insurance Agent Daniel Walker

UPDATED: Jun 28, 2022

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Things to Remember

  • Basic auto insurance may not cover damages caused by an uninsured driver 
  • Uninsured motorist coverage is usually an add-on you can purchase with your auto insurance policy 
  • If your policy doesn’t include uninsured motorist coverage, you’ll need to sue for damages, but the results may be less than satisfactory 

Even though you may pride yourself on being a responsible driver, accidents happen, and the devastating results can be further compounded if the other party is an uninsured driver. The number of drivers who don’t have auto insurance is pretty high, but most auto insurance policies do not cover damages by an uninsured motorist, and it’s considered an add-on. 

If your policy doesn’t protect you, your only option may be to hire a lawyer and sue the driver who is at fault. Read on to learn more about how to sue someone with no car insurance.

Suing a Driver Who Has No Auto Insurance

Knowing how to sue someone without car insurance is crucial if you want to increase your chances of winning the case and being awarded a fair settlement for an auto accident. 

Depending on the finances of the driver, you may not end up getting enough money to cover all your losses, so hiring an accident lawyer to investigate may help you decide whether or not to sue. 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.

How to Sue an Uninsured Driver

The first step in deciding whether you can sue someone without auto insurance is to find out if they are in a financial position to pay out. After all, if someone can’t buy insurance, they may not be able to pay damages either. 

To establish whether it’s feasible or not and initiate the lawsuit, 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

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.

The steps you take as soon as an accident occurs significantly impact the results if you need to sue an uninsured driver. The details can be necessary during the case.

Immediately After an Accident With an Uninsured Driver

These steps are important to do immediately when an accident occurs, but especially if the other driver does not have auto insurance or their insurance has lapsed:

  • Call the police. The police report will be an essential piece of evidence if you need to sue the other driver. Although you can file an auto insurance claim without a police report, it’s best to get this important document.
  • Get the necessary information. Get the driver’s details, and if they previously had insurance, but it has lapsed or expired, get the contact information for their auto insurance company so that you can communicate with the company.
  • Take clear pictures and detailed notes. Pictures are often key indicators of who was at fault, and good notes help you recall details you might forget by the time the case goes to court.
  • Speak to eyewitnesses. Eyewitness accounts are also helpful in establishing which driver was at fault. 

Be sure to ask for any eyewitnesses’ contact information. It might even be helpful to record their statement if they are willing. This is an important step, especially when you’re trying to make a car insurance claim when not at fault for an accident.

Further Steps to Take When in an Accident With a Driver With No Insurance

After the initial shock of the accident is over, you’ll need to take steps to care for yourself and start the process of recovering your expenses:

  • Seek medical attention. After an accident, when your system is flooded with adrenaline, you may be unaware of any physical damage you sustained. Even if you’re feeling all right at first, get checked out by a doctor and keep a record of the results.
  • 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. 
  • Contact their insurance company (if they have one). If the uninsured driver has an insurance provider, contact it as well. 

Do not, however, give a statement to any insurance company unless your lawyer is present. 

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Other Options if You’re 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. But you can purchase coverage for situations like that as an add-on to your policy. Keep in mind that the amount of coverage varies, so talk to your insurance provider to determine how much coverage you’ll get. 

Extensive damage to your vehicle, long-term medical expenses, and other payments can quickly drain your available coverage. So ask about options available to make sure you’re completely protected.

Final Thoughts on How To Sue a Driver With No Insurance

If you’re in an accident with an uninsured driver, make sure to take steps to prove the other driver is at fault so you can sue them. Hire an accident lawyer if a lawsuit is the best option. It’s always better to be covered, so talk to your insurance provider about uninsured motorist coverage.

Shop around for car insurance to make sure you and your family are protected from drivers who take to the road without insurance.

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