Jake Thompson from Atlanta gets a call from his insurance company four days after he was T-boned at an intersection in Buckhead. The news: the driver who ran the red light had no insurance. His policy had lapsed six months earlier. There was nothing to collect from their carrier because there was no carrier.
About 13% of drivers on US roads right now are uninsured, according to the Insurance Research Council. In some states like Florida and Mississippi, the number climbs to nearly 20%. So while it feels deeply unfair — and it is — this situation happens to hundreds of thousands of Americans every year. The good news: you have more options than you probably think.
Step One: Your Own Uninsured Motorist Coverage
If you have uninsured motorist (UM) coverage on your own auto policy, this is your first and usually fastest path to compensation. UM coverage is specifically designed for exactly this situation. You pay a small premium for it, and when an uninsured driver hits you, your own insurance company steps in to cover what the at-fault driver cannot pay.
UM coverage typically covers: your medical expenses, lost wages, pain and suffering, and in some states, property damage. The limits vary by policy — common UM limits are $25,000/$50,000 (per person/per accident) or $100,000/$300,000 on more comprehensive policies. Pull out your declarations page right now and look for "UM/UIM" in the coverage summary.
One important caveat: filing a UM claim is not the same as filing a claim against the other driver's insurer. Your own insurer still has an interest in paying you as little as possible. You need to treat this exactly like you would treat any other claim — document everything, get medical care, and consider having a lawyer handle the negotiation.
Many states require you to notify your insurer within a specific timeframe (often 30 to 60 days) to preserve your UM rights. Do not wait. Call your insurer to report the accident as soon as you know the other driver is uninsured.
What If You Don’t Have UM Coverage?
About 20% of drivers who are themselves insured do not carry uninsured motorist coverage, either because they opted out or because their state doesn’t require it. If this is your situation, here are the paths available to you:
Option 1: File a Lawsuit Against the Driver Personally
Even without insurance, the driver who hit you is personally liable for your damages. You can file a personal injury lawsuit against them directly and seek a judgment. The challenge: a judgment is only as good as the defendant’s assets. If the driver has a job, a home, a bank account, or other assets, that judgment can be enforced through wage garnishment or liens.
If the driver has nothing — no assets, no income — the judgment becomes largely uncollectable in the short term, though it remains valid and enforceable for years. Future assets become fair game.
An attorney can conduct an asset search as part of the case evaluation and tell you honestly whether pursuing a personal lawsuit makes financial sense.
Option 2: Your Collision Coverage
If you have collision coverage on your own policy, it will pay for your vehicle repair or replacement regardless of fault, minus your deductible. This doesn’t cover injuries or lost wages, but it handles the property damage component quickly.
Your insurer will typically then subrogate — meaning they’ll pursue the at-fault driver directly to recover what they paid out. If they succeed, you may get your deductible back.
Option 3: Medical Payments (MedPay) Coverage
If your policy includes Medical Payments (MedPay) coverage, it pays for your and your passengers’ medical expenses regardless of fault, up to the policy limit. MedPay is typically available in amounts from $1,000 to $25,000 and pays quickly without the need to establish liability.
Option 4: State Crime Victim Compensation Programs
Many people don’t know this exists: most US states have a crime victim compensation fund that can help cover out-of-pocket costs when a crime causes harm to a victim. In many states, a hit-and-run or DUI crash qualifies as a crime, making you potentially eligible for these funds. Coverage varies by state but typically ranges from $10,000 to $50,000 for medical expenses and lost wages.
The Hit and Run Version
If the uninsured driver fled the scene and was never identified, your UM coverage still applies in most states. This is sometimes called "phantom driver" or "unidentified motorist" coverage. The requirements vary by state — some require physical contact with the unknown vehicle, others have softer requirements. An attorney can tell you whether your state’s rules support your claim.
If you were in a hit and run, report it to police immediately and file the report within 24 to 48 hours. The police report creates the official record that your UM insurer will rely on.
What Jake Actually Got
Back to Jake in Atlanta. He had UM coverage of $100,000 per person on his policy. His injuries from the T-bone collision included a fractured wrist, whiplash, and a mild concussion — resulting in $31,000 in medical bills and $7,200 in lost wages from three weeks off work. His attorney filed a UM claim with his own insurer and ultimately settled for $68,000.
Jake’s insurer then pursued the at-fault driver personally. The driver had almost no assets, so there was little recovered there. But the UM claim protected Jake from bearing the cost of someone else’s uninsured risk.
If you’re in a similar situation, use our free settlement calculator to estimate your case value, then find a personal injury attorney who can evaluate your specific UM coverage and options. Most offer free consultations and work on contingency.
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