How to Handle a Crash Involving an Uninsured/Underinsured Driver

When another driver recklessly causes a crash, you’re stressed, panicked, and worried about what comes next, but at least you can rely on their insurance to eventually cover your losses, right? Not if they’re uninsured or underinsured. In both cases, your compensation is limited by the amount of coverage, which is either zero or way too little for your actual damages, depending on the case. This may leave you on the hook for medical bills, property damage, lost wages, and other losses caused by the other driver’s negligence.

It’s important to know your rights and legal options after a collision with an uninsured or underinsured driver. We can help. Contact Martin & Helms today to schedule a consultation with our car accident lawyers.

Immediate steps to take

Unfortunately, 16.8% of drivers in Alabama were uninsured in 2023. These recent stats indicate that getting hit by an uninsured or underinsured driver is a very real possibility, and it’s important to know what steps to take next.

In general, you’ll want to treat these collisions just like you’d treat any other collision. You should call the police and file a report; it is often required by policy and is critical evidence, especially for uninsured or hit-and-run claims.

Gathering evidence at the scene—If you are able

If you are physically able and it is safe to do so, it can be helpful to take photographs or video of the crash scene, including the vehicles involved, damage, license plates, roadway conditions, and any visible injuries. You should also try to obtain the names and contact information of any witnesses. However, your health and safety must always come first. If you are injured, in pain, or disoriented, your priority should be seeking medical care—not collecting evidence. If you are unable to do these things yourself, a trusted family member or friend who comes to the scene may be able to help gather this information on your behalf.

Reporting to your insurance company

Your next step is to report the collision to your own insurance company. If you have uninsured or underinsured motorist coverage, that may kick in and cover losses that the other driver’s insurance should.

After a collision involving an uninsured or underinsured driver, you are generally required to notify your own insurance company so that potential UM/UIM coverage is preserved. While timely notice is important, you are not required to give a detailed statement or speculate about fault before you have had the opportunity to speak with an attorney. Insurance companies may ask questions that can affect how a claim is evaluated, even when you are the injured party. Consulting with an attorney before providing extensive information can help ensure your rights are protected and that your claim is handled fairly.

Proving uninsured/underinsured status

Per Alabama law, insurers must include UM/UIM coverage unless the named insured rejects it in writing. Many people reject UM/UIM to save money or because they assume that because the law requires insurance, that people will follow the law. Be careful about rejecting UM/UIM because you never know when you will be hit by an uninsured driver. If you are not sure, contact your insurance company immediately and check your policy.

Also, uninsured motorist coverage is limited by the policy’s UM/UIM limits, which may prevent you from recovering the full amount of your losses. In Alabama, UM coverage applies only to bodily injury. UM property damage (UMPD) is optional and must be purchased separately. In addition, the minimum required by Alabama law is only $25,000.00. Is that enough? Probably not if you are hospitalized. Make sure you have enough UM/UIM to cover your entire family just in case you are hit and injured by an uninsured or underinsured driver.

To access your benefits, you’ll need to prove that the driver was uninsured (or, if you have underinsured motorist coverage, underinsured). This is where your police report may be useful. The police report typically includes information about both parties’ car insurance, so it may explicitly state that the other driver has no coverage. Your insurance company can use the police report to trace any coverage that the driver may not have disclosed, and if they cannot find anything, they will treat the claim as an uninsured claim. Uninsured motorist coverage also applies if you are injured in a hit-and-run by an unidentified driver, so long as you promptly report the crash and meet your policy’s requirements.

Personal injury claim options

Even if the driver is uninsured, there are some scenarios in which you may still be able to recover compensation from another party. First, a third party may hold some liability for the collision. If the crash was caused by a malfunctioning vehicle component or poorly done repair, for example, you may be able to go after the manufacturer or repair shop for compensation.

If the other driver has enough assets or income, you may also recover compensation by suing them. This is fairly uncommon, though, as someone who chooses not to buy auto insurance is also unlikely to have enough assets or income to make it worth suing them.

Common mistakes to avoid

While you probably already have a solid case to be compensated by your UM/UIM coverage, there are common mistakes that can weaken your claim and limit how much you receive. Try to avoid:

• Giving a recorded statement without talking to your own uninsured motorist accident lawyer
• Signing medical releases from insurers, as these may give them leverage to weaken your claim (always know what you’re signing before you sign anything)
• Posting about the accident on your social media account, even innocent posts, can be used against you
• Accepting a liability settlement before you know what you are entitled to from your uninsured motorist coverage
• Missing important deadlines or information requests

Let’s discuss your options now

At Martin & Helms, we know how overwhelming an accident with an uninsured driver can be. We’re here to help. Contact us online or call us today to set up a consultation.