What to Do After an Accident with an Uninsured Driver

Car accidents are stressful enough, but they become even more complicated when the at-fault driver doesn’t have insurance. If you find yourself in this situation, you may wonder how to recover compensation for medical bills, vehicle repairs, and other losses. Fortunately, you have legal options, and understanding the steps to take after an uninsured driver accident can significantly impact your financial recovery. 

Understanding the Problem of Uninsured Drivers

Despite laws requiring auto insurance, many drivers remain uninsured. The Insurance Research Council reports that about one in eight U.S. drivers lacks coverage. Utah, a no-fault state (Utah Code § 31A-22-309), requires drivers to seek compensation from their own insurance first, but you may be eligible to file a lawsuit against the at-fault party, depending on the nature and severity of your injury.

Drivers may be uninsured due to financial hardship, oversight, or intentional avoidance. Regardless of the reason, they pose a financial risk to insured motorists, who may have to cover their own costs. 

How to Recover Compensation After an Uninsured Driver Accident

If an uninsured driver hits you, you may still have options for financial recovery, depending on your insurance coverage and the circumstances of the accident. 

Use Your Personal Injury Protection (PIP) Coverage

Utah’s no-fault system requires drivers to carry Personal Injury Protection (PIP) insurance, which covers medical expenses and lost income up to policy limits, regardless of who caused the accident. PIP coverage typically includes:

• Medical bills
• Lost wages (up to a certain amount)
• Rehabilitation costs
• Funeral expenses (in fatal accidents)

However, PIP coverage has limits. The minimum PIP coverage in Utah is $3,000 per person for medical expenses. If your injuries are severe and require extensive medical treatment, these limits may not be enough to cover all your costs. Once PIP benefits are exhausted, you may need to explore other legal options to recover full compensation. 

File an Uninsured Motorist (UM) Claim

Uninsured motorist (UM) coverage helps pay for medical expenses, lost wages, and other losses if an uninsured driver causes an accident. While UM coverage is optional in Utah, having it can be beneficial in these situations. Filing a UM claim requires proving the at-fault driver had no insurance and documenting your losses. Because insurance companies often attempt to minimize payouts, you need an attorney to negotiate a fair settlement on your behalf.

UM coverage can also help cover pain and suffering, which is not typically included under Utah’s required Personal Injury Protection (PIP) coverage. UM insurance can provide additional financial relief beyond what PIP offers, particularly for long-term medical expenses and rehabilitation. 

File a Lawsuit Against the Uninsured Driver

Suing an uninsured driver may be an option, but it’s often impractical if they lack the financial resources to pay for your losses. However, if they have assets or a steady income, a court judgment could help you recover compensation. An attorney can assess viability, prove liability, and gather evidence like witness statements, accident reports, and medical records. Courts may place liens or garnish wages even with limited funds to secure payment. 

Utilize Underinsured Motorist (UIM) Coverage

If the at-fault driver has insurance but not enough to cover all your losses, underinsured motorist (UIM) coverage can help bridge the gap. UM and UIM coverages provide financial protection when the other driver’s insurance is insufficient. If you don’t already have UM/UIM coverage, adding it to your policy can offer extra security in future accidents.

Many drivers assume that their standard auto insurance policy will cover all their expenses after a crash. However, if an at-fault driver carries only the minimum liability coverage required by law, it may not be enough to cover extensive injuries or vehicle repairs. UIM coverage ensures you are not left paying out-of-pocket for all of the costs exceeding the other driver’s policy limits. 

Explore Other Avenues for Compensation

In some cases, a third party may bear liability for the accident. Possible avenues for compensation include:

• Employer Liability: If the uninsured driver was working during the accident, their employer might be responsible.
• Product Liability: If a defective vehicle part contributed to the crash, you may have a claim against the manufacturer.
• Government Liability: Poorly maintained roads or malfunctioning traffic signals could make a government entity partially liable.
• Workers’ Compensation: If you were injured while driving for work, you may be eligible for workers’ compensation benefits. 

Steps to Take After an Uninsured Driver Accident

Taking the right steps after an accident with an uninsured driver can strengthen your case and improve your chances of recovering compensation.

• Call the Police – Always report the accident and obtain an official police report, which is crucial evidence for your claim.
• Gather Evidence – Take photos of the accident, vehicle damage, and visible injuries. Collect contact information from witnesses who can support your account of events.
• Seek Medical Attention – Some injuries take time to manifest, so getting checked by a doctor ensures proper documentation of your condition.
• Notify Your Insurance Company – Report the accident as soon as possible. If you have UM or UIM coverage, you can also initiate the claims process.
• Consult a Car Accident Attorney – Legal guidance can be invaluable when dealing with insurance companies and uninsured driver claims. An attorney can assess your case, negotiate on your behalf, and help you explore all possible avenues for compensation. 

Why UM/UIM Coverage Matters

Uninsured driver laws differ by state, but UM/UIM insurance can prevent significant financial hardship after an accident. Adding this coverage to your policy can provide crucial protection if you don’t already have this coverage. Many drivers only realize the importance of UM/UIM insurance after an accident when obtaining additional coverage is too late.

UM and UIM coverage are not required in Utah but are highly recommended. Some insurance companies automatically include this coverage unless the policyholder opts out in writing. Checking your policy to confirm whether you have UM/UIM coverage can prevent unpleasant surprises after an accident. 

Get Legal Help After an Accident with an Uninsured Driver

Dealing with an accident involving an uninsured driver can be stressful, but you don’t have to figure it out alone. If you need help with a claim or want to know your legal options, London Harker Injury Law has your back. Our team knows the ins and outs of uninsured motorist claims and can help you seek compensation for medical bills and car repairs. Call 77CARCRASH or visit our contact page for a free consultation to learn more about your rights.