You cannot control who you have been involved in an accident with on the roadway. The driver involved in the crash may not have stopped at the scene, meaning that you do not have information about any insurance policy against which to file a claim. The driver may stop at the scene, but they did not follow state law in purchasing a car insurance policy before they got behind the wheel. Either way, you should not automatically assume you will not receive any compensation because the other driver did not have insurance.
Your own insurance company would stand in for the other driver if you have uninsured motorist coverage as part of your policy. You can file a claim against your policy to potentially receive compensation. The normal considerations that apply to every type of car accident case also apply to a claim involving an uninsured motorist. Just because you may have made payments to your own insurance company over the years does not mean they will want to make full payment to you.
An experienced Fort Lauderdale car accident lawyer is a must any time you are dealing with an insurance company, regardless of whether they are your own. A skilled lawyer at Englander Peebles can help you understand how you may receive a settlement check for an accident involving an uninsured motorist.
Key Takeaways
- Just because the other driver involved in your accident did not have insurance, or did not stop at the scene of the crash, does not mean that you are completely out of luck when it comes to seeking compensation for your injuries.
- You likely have uninsured motorist coverage as part of your car insurance policy if you purchased it when you were given the chance, or if it was already included
- You must file a claim against your own insurance policy and deal with your own insurance company if you are trying to seek a settlement for your accident injuries
- Your own insurance company does not make things easy for you just because you are their customer, because they do not want to write a check
- Speak to a car accident attorney to learn more about how you can be paid for a motor vehicle crash involving an uninsured motorist
The Scope of the Problem of Uninsured Drivers in the United States
The issue of uninsured drivers in the United States is a widespread and persistent problem that affects millions of motorists each year. Despite laws in nearly every state requiring drivers to carry some form of auto insurance, a significant portion of the population continues to drive without coverage. According to the Insurance Research Council, roughly one in eight drivers nationwide is uninsured, with rates varying dramatically from state to state. In some states, the number climbs as high as one in four.
This lack of coverage creates serious risks for both insured and uninsured drivers. When accidents occur, uninsured motorists may be unable to pay for the damages they cause, leaving victims to shoulder medical expenses, property repairs, and other costs. Even those who carry insurance may face financial setbacks, as their own uninsured motorist coverage may need to be used.
The ripple effects extend beyond individual drivers. Uninsured motorists contribute to higher overall insurance premiums, since companies must account for the added risk. Additionally, courts and legal systems often become burdened with disputes over responsibility and compensation. As a result, uninsured driving is not just a personal gamble—it is a problem that strains the broader transportation and legal systems in the U.S.
Offering Uninsured Motorist Coverage Is the Law in Every State
Every state in the U.S. requires insurance companies to offer uninsured motorist (UM) coverage, though the details of how it is applied can vary. This requirement recognizes the serious financial risks posed by uninsured drivers and aims to protect responsible motorists from being left without recourse after an accident. UM coverage provides compensation for medical expenses, lost income, and other damages when the at-fault driver lacks sufficient insurance—or has none at all.
While all states mandate that insurers make UM coverage available, not every state requires drivers to purchase it. In some jurisdictions, policyholders must affirmatively reject UM coverage in writing if they choose not to include it in their policy. In others, it is automatically bundled into standard auto insurance unless a driver opts out. A smaller number of states require motorists to carry UM coverage as part of their minimum insurance obligations.
This legal framework reflects the recognition that uninsured drivers are a persistent problem across the country. By ensuring that UM coverage is always offered, states provide drivers with a crucial safety net. For many policyholders, opting into this coverage can mean the difference between financial devastation and being able to recover after a serious accident.
Hopefully, You Have Enough Uninsured Motorist Coverage
Hopefully, you purchased sufficient uninsured motorist (UM) coverage before an accident occurs. Too often, drivers underestimate the risk of encountering an uninsured or underinsured driver and choose only the minimum coverage. Unfortunately, that decision can leave them facing thousands of dollars in medical bills, lost income, and repair costs that the at-fault driver cannot pay. UM coverage steps in to protect you when the other driver’s policy is nonexistent or insufficient, but it only helps to the extent of your limits.
If you purchased robust UM coverage, you can rest easier knowing that your policy is designed to cover not just immediate expenses, but also long-term financial losses tied to serious injuries. This coverage is one of the most important parts of a well-structured auto insurance policy. In situations involving uninsured drivers, sufficient UM coverage ensures that you and your family are not left carrying the financial burden.
What to Do After You Have Been Injured in an Accident with an Uninsured Driver
Being involved in an accident with an uninsured driver can be stressful and overwhelming, but taking the right steps can help protect your health, rights, and finances. First, call the police and file an accident report. This documentation will be critical for any insurance claims or legal actions. Be sure to collect as much information as possible, including the other driver’s name, contact details, and vehicle information, even if they lack insurance. Take photos of the accident scene, vehicle damage, and any visible injuries.
Next, notify your insurance company promptly. Your uninsured motorist coverage, if included in your policy, may help cover medical bills, lost income, and property damage. Seeking medical attention right away is also important, even if injuries are not immediately obvious. Finally, consider speaking with a car accident lawyer. They can guide you through the claims process, negotiate with insurers, and help ensure you pursue the compensation you deserve.
You Still Have to Prove Negligence in a Case Involving an Uninsured Motorist
In an uninsured motorist case, one of the most important requirements is proving that the uninsured driver was at fault for the accident. Even though you are filing a claim with your own insurance company, the burden still falls on you to establish liability. This typically involves presenting evidence such as police reports, photographs of the scene, witness statements, and, in some cases, expert testimony to show how the crash occurred.
Your insurer will not simply accept your word that the other driver caused the accident. They will investigate and may challenge your version of events. Without clear proof of fault, your claim may be denied or reduced. Working with an attorney can help you gather the strongest evidence possible, ensuring that your insurer cannot unfairly avoid paying the compensation you deserve.
You Are Still Dealing with an Insurance Company in an Uninsured Motorist Claim
When filing an uninsured motorist claim, many people assume the process will be easier since they are turning to their own insurance company for help. Unfortunately, that is not always the case. Even though you have paid your premiums and purchased UM coverage to protect yourself, the insurance company’s primary goal remains the same: to minimize its financial responsibility. This means you may encounter delays, low settlement offers, or disputes over the extent of your injuries and damages.
Insurance adjusters may attempt to downplay your medical needs, argue that certain treatments are unrelated to the accident, or question the impact of the crash on your ability to work. In some situations, insurers even challenge liability despite clear evidence that the uninsured driver was at fault. These tactics are designed to limit what the company pays out, leaving you in a stressful and frustrating position.
Because of these challenges, handling a UM claim often feels just as adversarial as dealing with another driver’s insurance company. Having a car accident attorney represent you can help level the playing field. A skilled lawyer can negotiate with adjusters, gather supporting evidence, and fight to ensure you receive the compensation your policy promises.
Compensation in an Accident with an Uninsured Motorist
If you are injured in an accident caused by an uninsured motorist, the compensation you may receive will largely depend on the uninsured motorist coverage included in your own policy. UM coverage is designed to step in when the at-fault driver has no insurance, providing a financial safety net so you are not left covering the costs on your own.
Compensation typically includes medical expenses, such as hospital bills, surgeries, rehabilitation, and ongoing treatment. If your injuries prevent you from working, UM coverage can also provide reimbursement for lost earnings and, in severe cases, compensation for diminished earning capacity. Property damage, including the cost of repairing or replacing your vehicle, may also be covered depending on your policy.
Beyond financial losses, UM claims can compensate for non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life. These damages recognize the impact of the accident on your daily well-being and future quality of life. The goal of UM coverage is to put you in a position as close as possible to where you would have been had the at-fault driver carried adequate insurance.
You May Need to File a Lawsuit Against Your Own Insurance Company
In some uninsured motorist claims, you may find that negotiations with your insurance company reach a standstill. Despite the fact that you have faithfully paid premiums for this coverage, insurers often look for ways to minimize or deny claims. They may dispute the extent of your injuries, question whether all your medical treatment is necessary, or argue over the value of your lost income and other damages. When this happens, you may have no choice but to sue your own insurance company to recover the compensation you are entitled to under your policy.
Filing a lawsuit against your insurer is not the first step, but it becomes necessary if the company refuses to negotiate fairly. This legal action is essentially a breach of contract claim, since your insurance policy is a binding agreement that promises coverage in certain situations, including accidents with uninsured drivers.
A Car Accident Attorney Is Ready to Help With Your Uninsured Motorist Accident Claim
Taking your insurer to court can be intimidating, but it may be the only way to enforce your rights and secure fair compensation. With an experienced attorney advocating for you, you can challenge the insurer’s tactics and hold them accountable for honoring the protection you purchased through your UM coverage. Call the Fort Lauderdale personal injury lawyers at Englander Peebles at (954)500-4878 to schedule a free initial consultation.
Frequently Asked Questions
How long will it take for me to get my money?
Everything depends on the facts and circumstances of your case and how the insurance company acts in handling your claim.
Do I need a lawyer for a claim involving an uninsured motorist?
Any time that an insurance company is involved in a case, you need an advocate who will protect your legal rights.
How much does it cost to hire a car accident lawyer?
A car accident attorney works for you on a contingency basis, and you pay them nothing upfront.