What to Do If the Other Driver is Uninsured or Underinsured

Getting into an accident with an uninsured or underinsured driver can add stress to an already challenging situation. Fortunately, there are steps you can take to secure compensation for your damages. Here’s what to do if you find yourself in this situation:

  1. Call the Police and Document the Scene
    • Always call the police and file an accident report, even if the other driver lacks insurance. This documentation can be essential for your insurance claim and provides an official record of the incident.
  2. Collect Evidence
    • Take photos of the accident scene, any damage, and injuries. Gather contact information from witnesses who can support your account of the accident. This evidence will help strengthen your case and support your claim.
  3. Notify Your Insurance Company
    • Report the accident to your insurance provider promptly. If you have uninsured motorist (UM) or underinsured motorist (UIM) coverage, your policy may cover your damages, including medical bills, lost wages, and property damage.
  4. Explore Uninsured/Underinsured Motorist Coverage
    • In California, uninsured and underinsured motorist coverage is optional but highly recommended. UM/UIM coverage allows you to file a claim with your own insurance company when the at-fault driver has little or no insurance, helping you recover compensation despite the other driver’s lack of coverage.
  5. Use MedPay or Health Insurance
    • If you have MedPay coverage on your auto insurance, it can cover medical expenses regardless of fault. Additionally, your health insurance may help with medical bills, though you may need to reimburse them if you later receive a settlement.
  6. Consider Filing a Personal Injury Lawsuit
    • If the uninsured or underinsured driver has assets, you may be able to file a lawsuit to recover damages directly from them. However, collecting payment can be challenging, and it’s often beneficial to work with an attorney to explore the best approach.
  7. Consult a Car Accident Attorney
    • Navigating a claim involving an uninsured or underinsured driver can be complex. An experienced car accident attorney can help you understand your insurance policy, negotiate with insurers, and, if necessary, pursue a personal injury claim to maximize your recovery.

While dealing with an uninsured or underinsured driver can be frustrating, knowing your options can make the process easier. Contact us today for a free consultation to discuss your case and learn how we can help you pursue the compensation you deserve, even if the other driver lacks sufficient insurance.