Being hit by an uninsured driver is one of the most stressful things that can happen on the road. You’re dealing with the shock of the accident, possible injuries, and then the gut-punch of finding out the other driver has no car insurance to pay for any of it.
The good news is that you have more options than you might think. The team at C.T. Lowndes is here to help you understand your coverage and figure out the best path forward, so reach out anytime for a free consultation.
What Happens After a Car Accident with an Uninsured Driver
The first thing to do after any car accident is make sure everyone is safe. Then call the police so an officer can come to the scene and create a police report.
That police report matters more than you might realize. It documents what happened, who was involved, and whether the other driver was cited for being uninsured, and your insurance company will likely ask for it when you file a claim.
Collect as Much Information as You Can Yourself
Even if the other driver doesn’t have insurance, you still need their information. Get their name, contact details, driver’s license number, and any insurance information they do have, even if the policy has lapsed.
Take photos of both vehicles, the surrounding area, and any visible injuries. The more details you document at the scene, the stronger your position will be when dealing with your insurance company later.
Is the Uninsured Driver Still Legally Responsible?
Yes. An uninsured driver who caused the accident is still the at fault driver, and they are still legally responsible for the damage they caused. The problem is that without an active insurance policy, collecting that money can be very difficult.
You can pursue the other driver in court, but even if you win a judgment, actually receiving compensation depends on whether that person has assets or income to pay. Many people in this situation end up turning to their own auto insurance instead.
How Your Own Car Insurance Can Help
This is where your own coverage becomes really important. There are a few types of auto insurance that can step in when the other driver can’t pay.
Uninsured Motorist Coverage
Uninsured motorist coverage is specifically designed for situations like this. If you have it, your own insurance company can cover costs that the uninsured driver would have been responsible for, like vehicle repairs and medical expenses. Look for “uninsured motorist coverage” on your declarations page. It may also read UM/UIM.
Uninsured motorist coverage typically comes in two parts. The first covers bodily injury, which helps pay for medical bills and lost wages if you or your passengers are injured. The second covers property damage, which helps pay for repairs to your vehicle.
Don’t panic. It’s usually included on your policy with a basic coverage limit that mirrors the minimum liability limits that South Carolina requires. Most agents will recommend that it match your liability limits on your policy.
Underinsured Motorist Coverage
Underinsured motorist coverage works similarly, but for a slightly different situation. It protects you when the other driver has some insurance, but not enough to cover the full cost of the accident.
For example, if the at fault driver carries a policy with low coverage limits and your medical expenses or car repairs exceed those limits, underinsured motorist coverage can help bridge the gap. Many drivers carry both uninsured and underinsured motorist coverage together for full protection.
Collision Coverage
Collision coverage can also help pay to repair or replace your vehicle after an accident, regardless of who was at fault. If you have collision coverage on your car insurance policy, you can file a claim through your own insurer and let them handle the rest.
Keep in mind that collision coverage typically comes with a deductible, which is the amount you pay out of pocket before your insurance kicks in. Your insurer may pay out up to the actual cash value of your car if it is totaled rather than repaired.
Personal Injury Protection and Medical Payments Coverage
If you have personal injury protection or medical payments coverage as part of your auto insurance, those can help cover medical bills regardless of fault. Personal injury protection, sometimes called PIP, can also cover lost wages and other costs related to injuries.
These coverages are especially helpful when injuries are serious and medical expenses add up quickly. In many states, personal injury protection is required, while in others it is optional.
Health Insurance
If you do not have any of the above coverages, your health insurance may be able to cover some of your medical expenses related to the accident. However, health insurance will not help with your vehicle repairs or other property damage, so it is not a complete solution.
What If You Do Not Have Uninsured Motorist Coverage?
If you do not currently have uninsured or underinsured motorist coverage your options for recovery after an accident with an uninsured driver are more limited.
Adding uninsured and underinsured motorist coverage to your existing insurance policy is more affordable than most people expect, and it gives you a reliable safety net.
Why Uninsured and Underinsured Motorist Coverage Is Worth It
The reality is that a significant number of drivers on the road are either uninsured or underinsured drivers. You cannot control what coverage the other driver has when you share the road with them, but you can control how protected you are.
Uninsured underinsured motorist coverage is one of the most practical investments you can make in your car insurance policy. It protects you financially in situations where the other driver simply cannot cover what they owe.
Talk to C.T. Lowndes About Your Auto Insurance Coverage
If you were hit by an uninsured driver and you are not sure what your current coverage includes, now is the time to find out. The team at C.T. Lowndes can walk you through your insurance policy, explain your options, and help you add any coverage that might be missing.
Do not wait until the next accident to find out what your insurance coverage actually protects you from. Contact C.T. Lowndes today for a free consultation and let us make sure you are covered the right way.
People Also Ask These Questions About Being Hit by an Uninsured Driver
What should I do immediately after being hit by an uninsured driver?
Call the police right away so an officer can document the accident and file a police report. Collect the other driver’s information, take photos of the scene, and contact your insurance company as soon as possible to start the claims process.
Will my insurance go up if I file a claim after an accident with an uninsured driver?
Filing a claim under your uninsured motorist coverage generally does not raise your rates the same way an at fault accident would, but this can vary by insurer and state. It is worth asking your insurance company directly about how a claim might affect your policy.
Can I sue an uninsured driver for damages?
Yes, you can take an uninsured driver to court to seek compensation for your injuries and property damage. However, even if you win, collecting the money can be difficult if the driver does not have significant assets or income, which is why having your own uninsured motorist coverage is so valuable.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist coverage applies when the other driver has no insurance at all. Underinsured motorist coverage applies when the other driver has some insurance, but their coverage limits are not high enough to pay for all of the damage or injuries they caused.
Is uninsured motorist coverage required in North Carolina and South Carolina?
Yes, both North Carolina and South Carolina require drivers to carry uninsured motorist coverage as part of their auto insurance policy. The required coverage limits vary, so it is a good idea to review your policy with an agent to make sure you have adequate protection beyond the state minimums.
