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What Happens If the At-Fault Driver in a Car Accident Is Uninsured?

Home  >  Blog  >  What Happens If the At-Fault Driver in a Car Accident Is Uninsured?

April 21, 2025 | By Furman Honick Law
What Happens If the At-Fault Driver in a Car Accident Is Uninsured?

Getting into a collision is stressful enough, but what happens if the at-fault driver in a car accident is uninsured? While most states require drivers to carry auto insurance, not everyone follows the law, and accidents involving uninsured drivers happen more often than you might think. If someone without insurance has hit you, it’s essential to understand your options. 

Depending on your personal insurance coverage, state residence, and the assets of the uninsured motorist, you may still be able to recover compensation. Schedule a free consultation with an experienced Baltimore car accident lawyer to explore your legal options. You shouldn’t navigate these circumstances alone.

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Different Types of Insurance Coverage That Can Help

Insurance Coverage

One of the first steps an experienced car accident lawyer will take is to help you understand your insurance policy. This understanding is pertinent as it provides immediate financial relief and guides the pursuit of full compensation for your damages after a collision. Knowing the different types of insurance coverage is particularly important when dealing with an uninsured at-fault driver. While uninsured motorist and insurance laws vary from state to state, here are some common types of insurance coverage that may come into play:

  • Collision: Unlike liability, collision insurance coverage isn’t required by law but can be added to your policy to cover damages to your vehicle in the event of a collision, regardless of fault. Your collision coverage can help repair or replace your vehicle if the at-fault driver is uninsured.
  • Comprehensive: Comprehensive coverage is also optional and covers damages to your vehicle that are not caused by a collision, such as theft, vandalism, natural disasters, or hitting an animal. If the uninsured at-fault driver causes damage to your vehicle in one of these situations, comprehensive coverage may help cover the costs.
  • Medical Payments Coverage (MedPay): MedPay is an optional insurance coverage (available in some states) that can help pay for your medical expenses resulting from a car accident, regardless of fault. This coverage typically extends to you and your passengers and can help cover expenses such as hospital bills, doctor visits, surgical procedures, and rehabilitation costs.
  • Personal Injury Protection (PIP): PIP is mandatory in some states, while optional in others. It covers medical expenses, lost income, and other related costs for injuries sustained in a car accident, regardless of fault. PIP coverage typically covers you, your passengers, and family members driving the insured vehicle at the time of the accident. In the event of wrongful death, funeral and burial costs can be recovered.
  • Uninsured/Underinsured Motorist (UM/UIM): UM/UIM coverage is optional in most states but mandatory in others. It provides a layer of protection and security, ensuring you are covered in situations where the at-fault driver is uninsured or doesn't have enough insurance to cover your damages. If you have UM/UIM coverage, your lawyer can file a claim with your insurance company to seek compensation for your injuries and damages caused by the uninsured driver while pursuing further compensation from the at-fault motorist in a civil lawsuit (when necessary).

You can generally use your health insurance to pay for medical treatment after an accident with an uninsured driver. However, your insurer may later seek reimbursement from any settlement you receive—a process known as subrogation. That means a portion of your compensation can go back to your health insurance provider. Reviewing your policy and understanding how these rules might impact the amount you ultimately take home is important. Navigating subrogation and insurance claims can be tricky. Speaking with an experienced car accident attorney can help protect your rights and ensure you recover the maximum amount possible from your settlement.

How a Car Accident Lawyer Helps After a Collision With an Uninsured Motorist

A car accident lawyer can help by assessing the details of your insurance coverage to determine if you have coverage that can help with medical bills, vehicle damages, and income losses while pursuing full compensation for your claim. Additionally, they offer free consultations, work for contingency, develop tailored legal strategies, negotiate claims, and represent you in court (when necessary).

Free Consultations

Car accident lawyers help by offering free consultations to anyone needing legal advice and representation. This consultation is not just a meeting. It's an opportunity for you to gain valuable insight into the strength of your case and the potential next steps toward compensation. During this initial meeting, the lawyer will listen to your story and evaluate the details of your case. They will ask you questions about the accident, the severity of your injuries, and any other pertinent information. This consultation provides an opportunity for you to explain your situation and for the attorney to determine if they can support you with your claim.

Contingency Fee Arrangements

Another way an experienced car accident attorney helps is by working on a contingency fee basis. Contingency means that instead of requiring you to pay upfront legal fees, the lawyer will only collect their fee if they successfully recover your compensation. These arrangements are particularly beneficial for car accident victims facing financial strain due to medical bills, income losses, and other expenses. Working with a car accident lawyer on a contingency basis eliminates the monetary barrier to obtaining legal representation and ensures you have access to justice.

Tailored Legal Strategies

Every car accident case is unique and requires a tailored legal strategy catering to those circumstances. A car accident lawyer will meticulously evaluate the specific details of your case and develop a plan that maximizes your chances of success. They will investigate the accident, gather evidence, interview eyewitnesses, and work with expert witnesses to build a strong case on your behalf. Additionally, an attorney will handle all the paperwork and documentation, negotiate with insurance companies, and advocate for your legal rights.

Court Representation

Court Representation

When uninsured motorists cause car accidents, claims may need to be taken to court and resolved through litigation. For this reason, you must secure a car accident attorney with trial experience. You can rely on them to provide skilled courtroom representation, present your case before a judge and jury, advocate for your rights, and fight for the compensation you deserve. A knowledgeable and experienced lawyer representing your case provides peace of mind in the courtroom.

Contact an Experienced Car Accident Attorney 

If you have suffered an injury in a car accident with an uninsured at-fault driver, you need an experienced Baltimore personal injury attorney to navigate your claim. Focus on your recovery while they handle the legal aspects of your case. Schedule a free consultation to determine a strategy to recover maximum compensation for your injuries and damages following a car accident. 

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Whether you’re dealing with a personal injury or medical malpractice issue, our attorneys are committed to making the legal process as accessible and stress-free as possible. Contact us today, and let us help you navigate the path to justice and fair compensation.

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