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When the Other Driver Has No Insurance
Newman Injury Law, PLLC is committed to helping injured Floridians get the compensation they deserve, every step of the way.
Last Updated - September 26, 2026
Read Time - Est: 3 minutes
Finding out that the driver who hit you has no insurance adds a second shock to an already difficult day. Medical bills and car repairs still need to be paid, and the person responsible may have no way to cover them. The good news is that an uninsured driver does not always mean an uninsured loss.
Our friends at Palmintier, Thrower, and Treuting Injury Attorneys discuss where compensation may come from when the at-fault driver has no coverage. Talking with a car accident lawyer early can help you identify every policy that might apply before you accept any settlement.
Your Own Policy May Be the Answer
Uninsured motorist coverage exists for exactly this situation. It steps in to pay for your injuries when the at-fault driver has no insurance, and in many policies, it also applies when the driver flees the scene.
A related coverage, underinsured motorist coverage, helps when the other driver has insurance but not nearly enough to cover your losses.
Many people aren’t sure whether they have either one. Check the declarations page of your auto policy, or ask your agent for a copy. It’s worth knowing before you need it.
Other Coverages That Can Help
Uninsured motorist coverage is often the main source of recovery, but it isn’t the only one. Depending on your policy and circumstances, other options may include:
- Medical payments coverage for treatment costs, regardless of fault
- Collision coverage for damage to your vehicle
- Health insurance for ongoing medical care
- Coverage through another household member’s auto policy
- A claim against the vehicle’s owner, if someone else owned the car
In some crashes, another party shares responsibility. An employer may be liable if the driver was working at the time. A repair shop or manufacturer may be involved if a mechanical failure contributed.
Filing a Claim With Your Own Insurer
When you file an uninsured motorist claim, you are making a claim against your own insurance company. But the company still has a financial interest in paying as little as possible.
Expect the insurer to review your medical records closely, question whether all of your treatment was necessary, and look for any sign that you share some of the blame. We regularly see uninsured motorist claims undervalued in the same ways a claim against another driver’s insurer would be.
Be accurate and thorough in what you provide, and don’t feel pressured to accept an early offer.
Steps That Protect Your Claim
Call the police and make sure a report is filed. That report will document the other driver’s lack of insurance, which your own insurer will need.
Collect the driver’s name, license number, plate number, and any information they can provide about the vehicle’s owner. Photograph the scene and the vehicles. Get contact information from witnesses.
Report the crash to your insurer promptly, and seek medical care right away. Delays in either can give the insurer reasons to question your claim.
Suing the Uninsured Driver
You can file a lawsuit against a driver who caused a crash, insured or not. The challenge is collecting. Many uninsured drivers have limited assets, which is why coverage through your own policy is usually the more practical path.
If you were injured by an uninsured or underinsured driver and your insurer is delaying or undervaluing your claim, consider speaking with an attorney who handles car accident cases to review your coverage and options.
Davie, FL