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Updated: December 4, 2024
Published: May 1, 2024

What If the Other Driver Has No Insurance?

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ASK THE EXPERTS
Neil Umsted
“If the at-fault driver in an auto accident is uninsured, we turn to the client’s uninsured motorist coverage for compensation. We assess the carrier’s liability and policy limits, and in some cases, seek personal contributions from the responsible driver as part of any settlement or judgment.”

If you are involved in a car accident caused by another party, their insurance provider is usually responsible for covering your damages. However, statistics show that 14 percent of all U.S. drivers are uninsured. An at-fault driver’s lack of insurance can complicate the process of seeking compensation, leaving you uncertain about how to recover accident-related expenses.

However, if the other driver lacks insurance, there may be avenues available to secure compensation, such as uninsured motorist coverage. Our uninsured accident lawyers at NST Law will guide and support you during this challenging time.

KEY TAKEAWAYS
  • Reportedly, 14 percent of U.S. drivers lack the minimum car insurance coverage requirements.
  • Driving without proof of car insurance is punishable by a fine, a driver’s license suspension, or jail time, and the penalties are more severe when an uninsured driver causes an accident.
  • If you were involved in a car accident where the at-fault party lacks insurance, your uninsured motorist coverage may pay for your immediate financial losses, such as medical bills and property damage.
  • Another option for recovering damages is suing the uninsured driver, especially when your damages exceed your uninsured motorist coverage limits.
  • The award-winning car accident lawyers at NST Law have litigated numerous uninsured motorist cases and will help you get your life back on track after an accident with an uninsured driver.

Who is Liable for the Car Accident if the at-fault Party Does Not Have Car Insurance?

In a typical car accident, the liable driver’s insurance company handles the claims process. However, when the at-fault driver has no insurance coverage or is underinsured, victims may utilize their own uninsured or underinsured motorist policies. You also can file a personal injury lawsuit against the uninsured driver to recover damages. The at-fault party remains legally liable for any injuries they cause, while a victim has the right to seek compensation.

How the Car Accident Lawyers at Nst Can Help

At NST Law, our car accident lawyers are committed to seeking the compensation injury victims deserve. We hold decades of experience and a track record of successful case results, having recovered more than $2 billion for our clients.

Our legal team will do the following and more:

  • Explain your legal rights during our initial free consultation.
  • Investigate the accident and gather evidence to build a strong case.
  • Calculate the total amount of damages to cover current and future losses.
  • Negotiate with insurance companies for an amount that compensates for all your damages.
  • File a lawsuit and try your case if the insurer refuses to offer a fair and just settlement.

Car Accident Case Results

  • Our firm represented a Tennessee couple involved in an accident with a driver who hit them head-on while driving on the wrong side of the road. The wife suffered significant injuries, and the husband died. After thoroughly investigating and identifying all potentially liable parties, our firm uncovered two additional insurance policies not previously disclosed, including an excess umbrella policy. We resolved the case for the total policy limits of $1,400,000.00.
  • We represented a 27-year-old woman struck by another driver who ran a red light. Our client was hospitalized for four days for a fracture to her right humerus, requiring surgery. Our client received an impairment rating of 5 percent to the upper extremity and could not work for more than a month. Our firm resolved the case for $150,000.00.

What Are the Consequences of Driving Without Car Insurance?

Driving without car insurance in Tennessee has serious legal consequences. The driver’s license and registration could be suspended until they provide proof of insurance, and the reinstatement process often costs additional fees.

During an accident or a traffic stop, drivers must produce proof of financial responsibility when requested by law enforcement. Drivers without car insurance in Tennessee will have their licenses suspended. You’ll have 30 days to submit the proof of insurance. If you do, your suspension will be dismissed without additional fees.

If you cannot provide proof of insurance that was valid on the day of the citation or violation, your driver’s license and registration will remain suspended until you fulfill the reinstatement requirements, including a $65 fee.

What Should I Do Immediately After a Car Accident Involving an Uninsured Driver?

Your immediate actions can greatly impact your claim when you’ve been involved in a car accident with an uninsured driver. You can safeguard your well-being and your right to compensation by doing the following:

  • Check yourself and those involved for injuries. Even if there are no injuries, seek a prompt medical evaluation because some injuries take time to surface.
  • Call the police to report the accident.
  • Obtain the other driver’s details, such as name, license number, and contact information.
  • Take photos of the vehicle damage, road conditions, and any relevant signage or landmarks to support your claims and arguments.
  • Promptly notify your insurance carrier about the accident.
  • Consult a car accident lawyer to advise you on your rights and options.

Since uninsured drivers usually know the potential legal repercussions, they may try to discourage you from involving the police. However, don’t let this deter you from reporting the accident and taking proper steps.

What is Uninsured Motorist Coverage?

Uninsured motorist coverage is a component of automobile insurance policies designed to protect drivers after car crashes with uninsured drivers. This coverage helps compensate policyholders and their passengers for bodily injuries and property damage incurred when the at-fault driver lacks sufficient insurance coverage.

What Do I Need to File an Uninsured Motorist Coverage Claim?

To file an uninsured motorist claim with your insurance provider, you must present the following evidence:

  • A detailed account of the accident
  • A copy of the police report documenting the accident
  • Proof of hospitalization for the accident
  • Evidence that the at-fault driver was uninsured

Insurance companies will thoroughly investigate uninsured motorist coverage claims to assess their validity. Preparing all the documents and presenting strong evidence can expedite the claims process.

What if My Damages Exceed the Uninsured Motorist Coverage Limits?

Even if the uninsured motorist insurance covers damages and expenses caused by the uninsured other driver, it is possible to exhaust your coverage limits. When this happens, you need to explore any additional coverage options you may have, such as the following:

  • Medical payments coverage
  • Collision coverage
  • Umbrella policy

Another possibility is to file a lawsuit against the uninsured driver to recover the additional damages. It may be the only way to receive full compensation for your losses, especially if the accident left you with severe injuries or extensive property damage.

If the other driver does not have insurance, a car accident lawyer from our award-winning team will advise you on how to proceed.

Should I File a Lawsuit Against the Uninsured Driver?

We advise victims to first exhaust their uninsured motorist and other insurance coverage before considering a lawsuit against an uninsured driver. Even if your claim is successful, collecting compensation will be difficult because the other driver may lack the resources to pay.

Additionally, the legal process of suing an uninsured driver involves strict timelines. One of our experienced attorneys will analyze your case and explain your legal rights and options.

Our Car Accident Law Offices

NST Law is a nationally recognized law firm with several offices located in:

  • Tennessee
    • Memphis
    • Knoxville
    • Jackson, TN
    • Nashville
  • Mississippi
    • Tupelo
    • Jackson, MS
    • Columbus, MS
  • Arkansas
    • Jonesboro
    • Cape Girardeau
    • Little Rock

Why Choose Nst as Your Car Accident Lawyers

NST Law has more than 32 years of experience in personal injury law. Our success is highlighted by glowing testimonials from our clients, who praise the positive impact we’ve had on their lives. In addition, our 5-star rating on Google means that when you choose our personal injury lawyers, you are in capable hands dedicated to achieving justice and maximizing recovery.

At NST Law, we are champions for the injured, committed to securing a fair settlement for accident victims. With a dedicated team of more than 34 lawyers and 135 support staff, we have the resources to handle every type of auto accident case. In addition, we are thoroughly committed to supporting the community in various ways, whether by offering free consultations or donating to abolish medical debt through local organizations.

Testimonials From our Nashville Car Accident Clients

- Climas B.
"They stayed with my case until everything was resolved. My situation was complicated and they ensured things were in check from start to finish."
- Vicki L.
"From start to finish it was a good experience. They listened and handled my case with compassion and care. I highly recommend them."
- Tasha S.
"I was involved in a auto accident with my mother and she suggested NST to handle the case for us. Everything was handled professionally and in a timely manner."

Contact Our Car Accident Attorneys

Pursuing a car accident case is typically challenging, and being hit by an uninsured driver can make things more complex. You need a skilled car accident lawyer by your side to advocate for your rights and interests. At NST Law, we are passionate about our clients and the communities we serve.

If you have been injured in a car crash, don’t hesitate to contact us. Our team is ready to provide you with compassionate legal guidance and support. Call the champs today at 800-529-4004 to schedule a free consultation.

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parker trotz
Content Legally Reviewed by:
A. Parker Trotz

Mr. Trotz was recognized from 2019-2024 as a Super Lawyers Mid-South Rising Star. Mr. Trotz is also a member of the Young Lawyers Division of the Memphis Bar Association, Memphis Bar Association, Tennessee Bar Association, and the Tennessee Trial Lawyers Association where he serves on the Executive Committee.