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What if the other driver doesn’t have insurance?

Posted on November 27th, 2017 by Oddo & Babat, P.C.

Car accidents are scary and stressful experiences.  A glimmer of hope and solace is offered in knowing that automobile insurance will help cover the costs of property damages and personal injuries. If you were not at-fault, you can file a claim against the other party’s insurance. But what if that other party is uninsured? Fear not, there are still a few options to help you recuperate your losses.

Uninsured Driver Coverage

If the person who hits you has no auto insurance, there is not much you can do in the way of making a claim as there is no third-party insurance company. For exactly this reason, many states either require drivers to have, or at least require automobile insurance companies to offer, uninsured driver coverage.  If you are unable to make a claim against the other party, you can make a claim with your own insurance company and be offered coverage by this policy. There is often a cap to this coverage, so it won’t always cover everything, but it can be better than nothing!

Underinsured Driver Coverage

Similar to uninsured, underinsured driver coverage helps protect you in the event that the at-fault party does not have ENOUGH coverage to fully compensate you. This coverage is often offered as a bundle package with uninsured driver coverage.

Collision Coverage

Collision is another good coverage to add to your policy. Collision coverage will help pay for the repair to your damaged car if you are struck by an uninsured (or hit-and-run) driver. Be aware that this coverage only applies to the property damage to your vehicle, NOT to any personal injuries sustained.


If the at-fault driver didn’t have insurance, you can try to make a claim against the person themselves but filing a complaint in the court system. This option is rarely pursued with uninsured motorists.  Since the driver didn’t have auto insurance to begin with, chances are they won’t have the money to compensate you. Lawsuits can quickly become expensive and your chances of recuperating your property damage, personal injury, and lawsuit costs are slim to none.

Experts estimate 1 in 7 drivers are uninsured. Don’t rely on the other drivers to offer insurance compensation in the event of an accident. Protect yourself and your loved ones but adding uninsured/underinsured driver coverage and collision coverage to your automobile insurance policy.

If you have been injured in an accident by a driver with no insurance, contact experienced attorney, like a car accident lawyer Central Phoenix, AZ can count on.


Thanks to our friends and contributors from Kamper Estrada LLP for their insight into car accident and personal injury practice.

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