How to Sue Someone With No Auto Coverage

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Things to remember...
  • Most states have some sort of law in place that requires drivers to carry at least a small amount of insurance
  • The mandatory coverage in most states is designed to pay for a third-party’s damages after you cause a collision
  • Many states offer at least some protection against uninsured drivers so you aren’t left without protection
  • Uninsured Motorist pays for your medical bills and repairs when there’s not enough liability coverage to rely on
  • If you don’t live in a no-fault state and you can identify the uninsured driver, filing a lawsuit could be an option


Even the most basic auto insurance policy pays for damages and medical bills after a minor fender bender. All drivers who comply with the law have peace of mind in knowing that they have an insurer to help protect them against frivolous claims and they also have third-party coverage that pays for damages they’re liable for.

Unfortunately, not all car owners comply with compulsory insurance laws. Keep reading to learn what you can do if you find yourself in this situation and make sure to use our free insurance tool above!

Believe it or not, about one in eight drivers in the United States is uninsured. In states like Oklahoma, the percentage of uninsured motorists is over 25 percent. With so many risks on the road, it’s crucial that you know what steps you should take if you’re ever involved in an uninsured motorist accident. Should you sue or use your insurance? Here’s a guide to address all of your questions:

Here’s a guide to address all of your questions:

Why does it affect you when someone else doesn’t have insurance?

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You have to fully grasp how auto insurance claims are paid before you’ll see your uninsured neighbors and community members as a threat. It might not affect you when someone chooses not to buy damage protection on their vehicle, but it does affect you when that same driver doesn’t carry state minimum liability insurance.

Liability insurance is what helps a policyholder pay for damages after an at-fault accident. So some car owners might want to skimp on insurance premiums by rejecting comprehensive and collision, but if the driver skimps and doesn’t maintain their liability insurance, they’re putting you and other drivers and pedestrians at risk. Not to mention, they’re breaking the law which contributes to rising insurance premiums throughout the state.

What does liability insurance pay for?

If you live in one of the 39 fault-based states, you’re required by law to carry liability motor vehicle insurance. If you’re in a collision with another car or a cyclist, this coverage would pay for their property and their treatment as long as you’re the negligent party. So, if you’re not at fault, it’s the others drivers insurance that would, in turn, pay for your damages and medical bills.

Do you have to sue someone who has no auto insurance?

You thought getting into an accident was your worst nightmare until you got into an accident with someone who has no auto coverage. The chances of it happening in your lifetime are pretty high, especially if you’re in an area with more uninsured motorists that normal.

You might assume filing suit is your only option, but in some cases, it’s not. You need to review your policy and see what your options are before contacting an attorney.

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Do you have Uninsured Motorist Protection?

Uninsured Motorist Protection is often optional. There are, however, a few states that have made the coverage mandatory because of the havoc that uninsured drivers are causing on the road. You should always buy at least some UM coverage even when you’re not required to.

What does Uninsured Motorist Protection pay for?

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Uninsured Motorist is a first-party coverage that will pay for your own financial loss and the loss incurred by anyone who is in your car or lives in your home. The coverage essentially acts like the Bodily Injury Liability coverage that the other driver didn’t have when they hit you.

It will pay for your emergency medical bills, continuing treatment, funeral expenses, and loss of income while you’re out of work. Uninsured Motorist doesn’t just pay when the driver is uninsured, it also pays when the other driver was at fault but they had very low limits that didn’t sufficiently pay for your all of your bills.

Instead of suing for the remaining $10,000 that you need to pay off the hospital, you can file a UM claim against your own coverage and your insurer won’t penalize you.

Do all insurance companies offer Uninsured Motorist?

Virtually all states have a law in place that requires insurers to offer all standard policyholders the option to buy Uninsured Motorist. Don’t be surprised if you have to sign a rejection form saying you don’t want the coverage if you want to take the chance. That’s because agents have to let you know it’s available or the company could be fined.

What will pay for your car?

Uninsured Motorist Protection doesn’t pay to repair your car. You need collision insurance to help you pay for all of the repairs when there’s no auto coverage on the other end. If you have Uninsured Motorist Property Damage, you won’t have to pay a deductible. UMPD will offer you up to $3500 for repairs on a car without full coverage.

Can you file a lawsuit if you’ve exhausted other options?

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It might not be worth the hassle of filing a lawsuit when you have alternative coverage to lean on. If you’ve exhausted your other options and you’re still struggling to pay the bills because of your injuries, filing a personal injury claim could be an option. It all depends on how long ago the accident was and what state you live in.

There are currently 12 no-fault states in the US. In each of these states, there are limitations placed on whether or not you can sue after a motor vehicle accident. Luckily, in these states, you have no-fault coverage that pays for your own expenses. If these run out, you may win the right to sue back. In fault-based states, you can file a lawsuit but there’s no guarantee that you’ll be able to collect.

It’s important to work closely with your own insurer after an accident with an uninsured motorist so that you know all of the options. Your insurer may even help direct you if they feel like filing a lawsuit is the only reasonable option. Be sure that you do business with a reputable insurer that helps you build a real barrier of protection from the start. If you don’t like your current insurer, log into an online comparison tool and start getting quotes.

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