Car Accidents Involving Uninsured Drivers
Car accidents involving uninsured drivers are a type of personal injury claim in which one driver takes legal action against another. Many people come to us saying, “I was in a car accident with a driver who has no insurance. What happens to uninsured drivers in an accident?” We will go through everything you need to know about what to do if you’ve been affected.
Car accidents involving uninsured drivers can place a significant financial burden on victims, as there’s no insurance company to cover the costs. These out-of-pocket expenses could include:
- medical bills
- repairs for vehicle damage
- lost wages due to missing work after the accident
Recovering compensation from an uninsured driver can be challenging, as they may lack the financial resources to pay for damages. For this reason, victims may need to sue the at-fault driver to recover damages.
The uncertainty of lawsuits and financial burden associated with uninsured driver accidents can lead to more distress for victims. Victims are already dealing with enough pain and trauma; they don’t need any more added to their plate.
This is why we are here— to help you with all of your legal matters so you can focus on recovering from the accident. Book a free consultation with us to get started.
What Is an Uninsured Driver Case?
An uninsured driver case involves a car accident in which the at-fault driver has no auto insurance, leading to potential issues with compensating the injured parties or covering damages.
Every automobile owner in Arkansas must have liability coverage, which pays for any claims when you are at fault in an accident. This rule is known as the 25/50/25 rule. The law requires that every driver must carry a minimum insurance policy of:
- $25,000 per person
- $50,000 per accident
- $25,000 for property damage
This covers the victim’s bodily injury, losses from the accident, and damage to their vehicle. You may be wondering, “Can uninsured drivers drive a car?” The answer is that it is illegal to be uninsured, but people still drive without insurance. This is why at-fault drivers get sued for not having coverage when they cause an accident.
Having uninsured motorist coverage can protect insured drivers from financial losses when they are involved in an accident with an uninsured driver. Insurance companies may pursue legal action against uninsured drivers to recoup the costs they paid to their policyholders, a process known as subrogation.
However, not every driver involved in an accident with an insured driver has UM coverage or undergoes subrogation. Many drivers who are injured by an at-fault, uninsured driver choose to sue.
You may be surprised at how many drivers drive without insurance. In 2022, an estimated 14% of drivers in the United States were uninsured. This means roughly one in seven drivers on the roads lacked liability insurance. There were nearly six million crashes that year, so the number of uninsured driver cases is alarming.
Oklahoma’s numbers are about the same as the national average. Thankfully in Arkansas, an online insurance verification system has reduced the number of uninsured drivers. However, there are still many people on the roads without insurancet.
What To Do if You’re in an Accident with an Uninsured Driver
Once law enforcement has been made aware of the accident and your immediate medical needs are met, do what you can to document the accident. This could include photos, witness statements, and any notes about what happened.
Insurance should be kept in the loop, and you have the right to get in touch with a lawyer to make sure you are compensated for your injuries caused by the at-fault driver.
Uninsured drivers are more likely to leave the scene of the accident out of fear of facing legal consequences and financial responsibility. If you were in a hit and run, it is important to write down any details you can.
These details include:
- their license plate number
- a description of the other driver
- the color, make, and model of the car
- where and what time the accident happened
If you’ve been in an accident with an uninsured driver, follow these steps:
- Immediately call 911.
- Seek medical attention.
- Collect evidence at the scene.
- Notify your auto insurance provider.
- Contact a personal injury attorney to determine next steps.
Legal Options After an Accident with an Uninsured Driver
If you were in an accident with an uninsured driver, you have some legal options. You can:
- file a personal injury lawsuit against the at-fault driver
- use personal injury protection (PIP) or medical payment coverage
- file a claim with uninsured/underinsured motorist coverage (UM/UIM)
- meet with a lawyer to explore any other potential avenues for financial recovery
Be sure to consult with one of our expert attorneys about what your legal options are.
What Compensation Can You Recover After an Uninsured Driver Accident?
You may be wondering how much to expect from a car accident settlement. The exact amount varies on a case-by-case basis. In general, there are typically compensation options for the following:
- lost wages
- wrongful death
- property damage
- pain and suffering
- medical expenses
- disability or impairment
- diminished quality of life
- scarring or disfigurement
- loss of future earning capacity
The value of a car accident case involving an uninsured driver that results in a personal injury lawsuit varies greatly depending on how much the damages cost, the severity of the injuries, and the circumstances of the particular accident. The value also depends on the parties involved, how much money they’re willing to settle for, and how much money there is to be had.
Here are some examples:
- $2,500-$10k for minor injuries
- $15,000 to $100,000 for moderate injuries
- $300,000 to several million dollars for severe to catastrophic injuries
It’s important to meet with one of our personal injury attorneys to make sure you receive the maximum amount. We don’t want anyone to cheat you out of a fair amount. Book a free consultation with us to ensure you receive the amount of money you deserve.
Why Are There So Many Uninsured Drivers?
People forgo insurance for many reasons, including:
- financial hardship
- policy lapses or cancellations
- lack of understanding about insurance laws
Another reason to consider is that insurance companies may classify drivers with a history of accidents as higher risk, leading to more expensive insurance premiums. Additionally, car insurance in Arkansas is considered more expensive than the national average.
In Oklahoma, it’s a little more split. Minimum coverage is cheaper than the national average, but full coverage is more expensive than the national average.
Affordability plays a major role in people’s decision whether or not to drive with insurance.
