Here’s a number that might surprise you: 1 in 8 drivers in the United States is uninsured, according to the Insurance Research Council. In Georgia, that figure is even higher. Roughly 12.4% of drivers on the road have no insurance coverage at all. So what happens if an uninsured driver hits you?
It’s a question too many people face after an accident. You’re hit out of nowhere. Your car is a mess.
You’re hurt. And then you find out the driver who hit you has no insurance.
This situation can feel like a trap. But you have options. And you need to act fast.
Let’s break it down. Here’s what actually happens when you’re hit by an uninsured driver and what you can do to protect yourself, recover your losses, and make smart decisions right away.
What Does It Mean When a Driver is Uninsured?
An uninsured driver is someone who’s operating a vehicle without valid auto insurance coverage. That means if they cause an accident, there’s no liability policy to cover your medical bills, car repairs, or other losses.
This is different from an underinsured driver, who has some insurance, just not enough to cover the full damage they caused.
Uninsured drivers are more common than you might think. Georgia, Tennessee, and Alabama all rank in the top 25 states for uninsured motorists. That means the risk isn’t just real, it’s statistically likely in some regions.
Immediate Steps To Take After the Accident
If you’ve been hit by someone without insurance, follow these steps:
- Call 911 and request police response: You’ll need a police report. Make sure it states clearly that the other driver has no insurance.
- Gather evidence: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Exchange information: Even if they don’t have insurance, get the driver’s name, license number, and contact info.
- Get medical attention: If you’re hurt, don’t wait. Go to the ER or your doctor. Medical records are evidence.
- Notify your insurance: Let your insurer know about the accident and that the other party was uninsured.
- Call an attorney: Legal help isn’t a luxury in these cases. It’s a necessity.
What are the Usual Insurance Options?
When the at-fault driver can’t pay, your own policy is your fallback. These are the most relevant types of insurance to know about:
- Uninsured Motorist (UM) Coverage: Covers medical expenses, lost wages, and sometimes property damage. In Georgia, it’s offered by default unless you rejected it in writing.
- Collision Coverage: Pays for car repairs regardless of fault. It usually comes with a deductible.
- Medical Payments (MedPay): Covers medical costs for you and your passengers, no matter who caused the crash.
- Health Insurance: Can be used if auto insurance coverage is limited or denied, but may involve out-of-pocket costs.
Knowing what you carry and increasing your UM limits if possible can prevent major financial damage later.
Legal Steps You Need to Take
When you’re hit by an uninsured driver, the legal process often starts with your own insurer. But if that’s not enough or they deny your claim, you may need to go further:
- Submit a formal uninsured motorist claim under your policy
- Send a demand letter to the at-fault driver
- File a lawsuit if needed to pursue damages through court
The catch is that many uninsured drivers have few assets. If they can’t pay, even a successful judgment may not lead to real compensation. That’s why working with an attorney early on is important. They can assess whether a lawsuit makes financial sense.
State-Specific Laws for Uninsured Driver Accidents
Here’s what you should know if you’re in Georgia:
- UM Coverage: Insurers must offer it. You must decline in writing to go without it.
- Comparative Negligence: If you’re partly at fault, your compensation can be reduced proportionally.
- Statute of Limitations: You have 2 years to file for personal injury, 4 years for property damage.
- Policy Deadlines: Some UM policies require you to notify your insurer of a potential claim within 30 to 60 days.
Tennessee and Alabama have their own rules on notice periods, tort thresholds, and caps on certain damages. If your accident happened outside Georgia, check what applies locally.
Claiming Damages from the Accident
Getting hit by an uninsured driver doesn’t automatically mean you’ll walk away empty-handed. If you have the right coverage, especially Uninsured Motorist (UM) or collision insurance, you may still be able to recover a significant portion of your losses. But you’ll need to act quickly, follow process requirements, and build a strong claim
Types of Damages You Can Claim
- Medical Bills: This includes ER visits, ambulance fees, surgery, hospitalization, follow-up appointments, rehabilitation, and prescription medications. Even minor injuries like whiplash or soft tissue damage can result in costly treatment.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for time missed. This includes sick leave, vacation days used, or reduced hours due to temporary disability. Keep pay stubs, HR statements, and medical notes confirming you couldn’t work.
- Vehicle Repair or Replacement Costs: If you carry collision coverage, it may pay to repair your vehicle or reimburse you for its fair market value if it’s totaled. Always get an independent repair estimate and keep documentation from the body shop and insurance adjuster.
- Pain and Suffering: These are non-economic damages that account for physical pain, emotional distress, anxiety, or reduced quality of life after the accident. These claims are harder to quantify, but well-documented treatment notes from medical and mental health professionals can help.
- Permanent Disability or Long-Term Care: These are non-economic damages that account for physical pain, emotional distress, anxiety, or reduced quality of life after the accident. These claims are harder to quantify, but well-documented treatment notes from medical and mental health professionals can help.
- Loss of Earning Capacity: If your injuries impact your long-term ability to work, you may be compensated for future lost income, not just current wages. Vocational experts or economic specialists can help calculate this if needed.
What You Need to Document
A successful claim relies on strong, consistent documentation. Start collecting immediately:
Police Report
This is your legal record of the crash and includes critical information: accident date, location, driver statements, fault determination, and whether the other driver had insurance. Request a certified copy as soon as it’s available.
Scene Photos and Videos
Visual evidence helps prove damage and fault. Capture vehicle positions, skid marks, traffic signals, visible injuries, and weather or road conditions.
Medical Bills and Treatment Records
Save everything: hospital invoices, prescriptions, therapy notes, and imaging results (X-rays, MRIs, etc). Keep a journal of your symptoms and recovery timeline.
Proof of Income Loss
Collect pay stubs, tax returns, a letter from your employer confirming time off, and any documentation showing reduced work capacity. The more specific, the better.
Insurance Communications
Log every phone call, letter, and email between you and your insurer. Keep claim numbers, adjuster names, and summaries of what was discussed or promised.
Out-of-Pocket Expenses
Tally everything: rental cars, transportation to medical visits, medical equipment, home aides. These costs can often be included in your claim.
Can I Sue an Uninsured Driver?
Yes. But suing an uninsured driver doesn’t always lead to a payout.
Most people driving without insurance do so because they can’t afford it. If they don’t have real assets, collecting on a judgment can be difficult or impossible.
However, there are exceptions. You might consider a lawsuit if:
- The driver owns property or has significant income
- They were driving for work and their employer may share liability
- They caused serious injuries and restitution is possible through other legal means
An attorney can help determine if suing is worth the effort.
What If I Was a Passenger or Pedestrian?
If you weren’t driving, and you’re still hit by someone without insurance, don’t panic. You may still have coverage:
- Your own UM policy
- A policy belonging to a relative you live with
- The policy covering the vehicle you were in
These situations get technical, but a lawyer can help sort out what coverage applies and file on your behalf.
Preventive Measures
You can’t stop someone else from driving uninsured. But you can protect yourself before it happens:
- Carry uninsured motorist coverage
- Review and increase your limits. Don’t settle for the default minimum
- Add MedPay and collision coverage for more protection
- Understand your policy’s notice requirements. Know how long you have to report a crash
- Document every accident carefully, even minor ones
Preparedness now can save you thousands later.
Final Thoughts
Getting hit by an uninsured driver is frustrating, painful, and expensive. But you’re not out of options.
Your own insurance, legal remedies, and fast action can make the difference between getting stuck with the bill and getting the compensation you deserve.
Injured by an uninsured driver? Contact The Roth Firm today. We’ll explain your rights, review your insurance, and fight to recover what you’ve lost.
Our team has helped hundreds of injured drivers in Georgia, Tennessee, and beyond. We’re ready to help you too.