Home / Blog / What Happens if the Person At-Fault in a Car Accident Has No Insurance?

One day, you’re patiently waiting at a stoplight when, all of a sudden, you’re thrust forward with an immense amount of force—you’ve been hit by another driver who wasn’t paying attention. After assessing the situation and damages, you attempt to do what most people do after an accident: exchange insurance.

Thousands of car accidents happen every day, but most drivers can rest assured knowing that there’s insurance to cover the cost of any damages.

But what happens when the at-fault driver is uninsured? Are you now responsible for paying those costs? Below, we explain what happens in these situations.

Uninsured and Underinsured Motorist Coverage

Even if the other driver is uninsured, you may still be covered. Uninsured motorist (UM) and underinsured motorist (UIM) coverage are optional coverages that may be under your auto policy.

UM coverage protects you in situations where the at-fault driver does not have insurance. Despite most states requiring insurance to drive legally, many people overlook this law.

Similarly, UIM coverage will pay for damages in a car accident with a driver who does have car insurance but not enough to cover all damages and losses associated.

Sometimes, UIM coverage can make all the difference in serious accidents where victims have sustained severe injuries. Emergency bills alone can reach higher than the $25,000 minimum liability coverage Indiana drivers are required to carry.

Filing a Lawsuit

If you do not have this coverage, there is another option. If you live in a no-fault state, filing a lawsuit may not be an option because each driver is responsible for his or her injuries or damages. Indiana, however, is an at-fault state, which means you don’t have the same restrictions and may file a lawsuit against the uninsured driver.

Navigating a car accident can be confusing, but it can get even more complex when the at-fault driver is uninsured.

Contact Wagner Reese today at (888) 204-8440 to schedule a free consultation.