Auto Accidents: How To Recover Compensation When The Other Driver Is Uninsured

24 February 2015
 Categories: , Articles


The estimated percentage of uninsured drivers that are on the road in U.S. is 12.6%. That's absolutely scary. What would you do if you were involved in a car accident where the other driver is clearly at fault, but has no insurance? Before you start freaking out, learn more about how you can get the compensation that you rightfully deserve.

File A Lawsuit Against The Other Driver

If the other driver does not have any insurance, then your only option may be to file a lawsuit with the help of an accident attorney against them in order to recover any compensation that you may be due. Whether you are entitled to compensation will be dependent on whether you reside in a no-fault state or an at-fault state. In a no-fault state, you are not eligible for any compensation since each party is responsible for paying his or her own damages; however, in an at-fault state, you may have a case if you can prove that the other driver is at-fault. The keyword here is prove.

Collect The Evidence That Is Needed

Filing a lawsuit against an uninsured party is tedious and requires work. Most experts would not recommend attempting the task alone. You are in better hands if you leave all of the legal proceedings and work to an accident attorney. With the accident attorney, you will need to build a strong case that can prove that the uninsured party is at-fault, and prove that you deserve the amount of compensation that you are requesting. In some situations, the accident attorney may even help you negotiate a settlement before the case goes to court. Some crucial evidence that you will need will include:

  • an accident report. It is generally best to have a police report that will document the entire situation in detail. In short, call the police as soon as you get into an accident. Most police reports are not only detailed, but will also provide photographs of the scene of the accident, and also contact information of witnesses. 
  • witnesses' account of what happened. There is nothing more convincing than a witness statement. Do not hesitate to ask anyone around to be your witness.
  • photographic evidence regarding the crash, or even video evidence if you had a dashboard camera. All visual evidence will help paint a clearer picture.
  • medical reports documenting the injuries that you have sustained, the type of medical treatments and medications that you have tried in an attempt to recover fully from the injury, any psychological strain that you may have experienced and any future medications and medical treatments that are needed. Those who will be requesting compensation for pain and suffering should also provide details regarding the extent and severity of the pain that is experienced at different locations of the body.
  • estimates from a mechanic detailing the cost of repairing the damages. You will need to prove that the accident caused the damages that you are claiming, and also obtain several estimates from different mechanics regarding how much it will cost for you to get your car fixed. If you have already done so, provide receipts in regards to how much you've paid.

By ensuring that you have all of the evidence that is needed, your chances of being awarded the compensation that you are requesting increases.

Purchase Uninsured Or Underinsured Motorist Coverage

Knowing that so many people drive uninsured and underinsured in the U.S., speak with your insurance agent next time you renew your insurance policy to discuss whether you have uninsured or underinsured motorist coverage. The uninsured motorist coverage will pay for the compensation needed for injuries that you and your passengers may have suffered. Some uninsured motorist coverage will also offer some compensation to any damages that have been made to your vehicle.

The underinsured motorist coverage is similar; however, it provides added compensation, in the event that the insurance coverage of the party at-fault is not sufficient to pay for all of your medical fees and for the damages to your vehicle. The two types of coverage are typically packaged and sold as one.


Dealing with a car accident where the responsible party does not have insurance can be extremely stressful. After getting into a car accident, you should devote more time and energy into recovering from any injuries that you may have sustained. Leave the legal work to the professionals. You'll be sure to be happy with the results. For more info, contact a local accident lawyer.