Key Highlights:

Yes, you can sue an uninsured driver for damages, but recovering compensation can be difficult if they lack financial assets.

Facing an accident with an uninsured driver can be a frustrating and confusing experience. With no insurance to cover your medical bills, vehicle repairs, or lost wages, you might wonder what options are available to recover your losses. Uninsured drivers are a serious problem, leaving many accident victims struggling to get the compensation they deserve.

The question arises, Can you sue an uninsured driver for damages? Knowing your legal rights can help you take the right steps toward seeking compensation. Whether through a lawsuit or other legal avenues, there are ways to recover financial losses and secure the support you need after an accident with an uninsured motorist.

Can You Sue an Uninsured Driver?

Yes, you can sue an uninsured driver, but the main challenge is whether the driver has any money or assets to cover your damages. Winning a lawsuit doesn’t automatically mean you’ll get paid, especially if the uninsured driver doesn’t have the financial resources to compensate you.

Here’s what to consider:

1. Financial Situation: If the uninsured driver has no significant assets, such as property or savings, suing them may not lead to full compensation. However, if they own valuable assets like a house, you may be able to put a lien on their property, which gives you a claim to their asset when it is sold.
2. Uninsured Motorist Coverage: Before jumping to litigation, check your own insurance policy. If you have uninsured motorist coverage, this can help cover medical bills and car repairs, reducing the need to pursue a lawsuit right away. Read on to learn more about how this coverage works.

How Uninsured Motorist Coverage Works

Uninsured motorist coverage is designed to protect you if you’re hit by a driver without insurance. It can help cover expenses like medical bills and car repairs, even if the other driver can’t. However, your uninsured motorist coverage typically can’t exceed your standard liability coverage. So, if your liability limit is $100,000, your uninsured motorist coverage will likely max out at the same amount.

If your damages exceed your coverage, this is where you might still consider suing the uninsured driver, especially if they have assets that can be used to pay your claim.

Other Legal Options Besides Suing

Before you decide to sue, it’s important to explore all your options. Here are a few steps to take:

1. Use Your Uninsured Motorist Coverage: If you have this coverage, it may be your best bet for quickly handling repairs and medical costs. For more on how uninsured motorist coverage works in Georgia.
2. Negotiate with Your Insurance: Sometimes, your insurance company may be able to recover costs by pursuing the uninsured driver on your behalf through a process called subrogation. This means they pay you, then seek reimbursement from the at-fault driver.
3. Small Claims Court: If the total damages are relatively small (under $10,000 in many states), you might be able to take the uninsured driver to small claims court, where the process is quicker, cheaper, and less formal than full-blown litigation.
4. File a Claim for Economic Damages: Even if suing seems daunting, if you’re wondering can I get compensation if the at-fault driver has no insurance, you can still pursue your uninsured motorist coverage or file a lawsuit, depending on the financial situation of the driver.

What to Do After an Accident with an Uninsured Driver

Here’s what you should do after an accident to protect yourself, gather evidence, and increase your chances of recovering damages:

• Take Photos: Document the scene of the accident, including close-ups of the damage and wide shots of the scene. Don’t forget to capture the other driver’s car, license plate, and any surrounding property damage.
• Take Notes: Write down everything you remember about the accident, including the make and model of the other car, the time and location of the crash, and anything the other driver says or does.
• Speak to Witnesses: Witnesses can be crucial for proving what happened. Be sure to get their contact information in case their statements are needed later.
• Call the Police: Always involve the police after an accident with an uninsured driver. The police report will be essential evidence later on. If you’re unsure what to do if you’re hit by an uninsured motorist, contacting the police is a crucial first step.
• Seek Medical Attention: Even if you don’t feel injured, it’s important to get checked out by a medical professional. Some injuries, like whiplash, may not be immediately apparent.

Can You Recover Damages from an Uninsured Driver?

Even if the uninsured driver doesn’t have insurance, you might still be able to recover damages, but it will depend on their financial situation. If they own assets, you could potentially recover the following types of damages:

• Economic Damages: This includes things like medical bills, lost wages, and the cost to repair your car.
• Non-Economic Damages: If your injuries have caused you pain and suffering, emotional distress, or a loss of enjoyment in life, you can seek compensation for these as well.

To prove your case, you may need to gather specific evidence to show the court or your insurance company. Learn more about how to prove the other driver was uninsured to strengthen your case.

All our cases are handled contingently, so you only have to pay us once we win. Contact us today for a free case evaluation

What Happens If the Uninsured Driver Declares Bankruptcy?

If the driver you sue declares bankruptcy, it could make things even more complicated. Under bankruptcy laws, some debts are wiped out, and the money they owe you could be reduced or eliminated. This is especially true if they file for Chapter 7 bankruptcy. With Chapter 13, you may receive partial payments over time.

If the uninsured driver flees the scene, there are other legal steps you can take. For more information on what to do if the uninsured driver flees the scene.

What if the Driver Declares Bankruptcy?

If the uninsured driver declares bankruptcy after a court judgment, you might not recover the full amount you’re owed. Bankruptcy could involve a process where your claim is considered along with others, but it’s often difficult to get complete compensation this way.

How Can a Lawyer Help After an Accident with an Uninsured Driver?

Navigating an accident with an uninsured driver can be tough, but a personal injury lawyer can help in several ways:

• Collect Important Evidence: We’ll gather crucial evidence like photos, documents, and witness statements to clearly show what happened and determine who is at fault.
• Manage Paperwork: We’ll handle all the necessary legal forms and insurance claims, so you can focus on getting better without worrying about the paperwork.
• Seek Fair Compensation: Our goal is to secure the money you need for medical bills, car repairs, and lost wages. If you’re unsure about how to handle medical bills after an accident with an uninsured driver, we’ll guide you through the process.
• Navigate Legal Issues: We’ll guide you through any legal questions and communicate with insurance companies on your behalf.

For more details on how an attorney can assist you, check out our Personal Injury FAQs.

Talk to an Accident Lawyer Today

If you’ve been in an accident with an uninsured driver, don’t face it alone. Our skilled uninsured motorist accident lawyers are here to help with the insurance process, handle all legal matters, and ensure you get the compensation you deserve. Remember, you only pay if we win your case.

Contact us today for a free consultation or call  (404) 888-4444. We’re here to help you through this!

In Conclusion

Dealing with an uninsured driver after an accident can be challenging, but knowing your options can make the process more manageable. While suing an uninsured driver might present difficulties, particularly if they lack financial resources, your uninsured motorist coverage can provide crucial assistance. Additionally, exploring other legal avenues, such as a lawsuit or negotiating with your insurance company, may help you recover the compensation you need. 

Consulting with a skilled uninsured motorist accident lawyer can offer valuable guidance and support, ensuring you navigate this complex situation effectively. If you’ve been in an accident with an uninsured driver, don’t hesitate to reach out for a free consultation to discuss your case and explore your options.