Hit by a Driver With No Insurance? Here Are Your Best Options

Arkansas has made real progress on uninsured drivers. The state’s uninsured rate has dropped from about 16% in 2020 to roughly 8.7%, according to state officials. Still, with nearly 2.8 million registered vehicles on the road, that leaves about 1 in 11 drivers with no coverage at all.

So picture this. Someone runs a red light, wrecks your car and your week, and then you find out they have no insurance. It feels like a dead end, as if the person who hurt you gets a free pass while you bear the costs. Luckily, it usually isn’t.

You often have several ways to get paid, even when the at-fault driver can’t. Competent counsel like Rainwater, Holt, & Sexton maps out those options early in a case. The key is simply knowing where to look.
 

Your Own Policy Is Usually the First Stop

Here’s the good news most people forget. The best coverage after an uninsured crash is often your own.

It’s called uninsured motorist coverage, or UM, and it helps to pay when the at-fault driver can’t. In Arkansas, insurers must offer it, and you can only decline it in writing, so you likely already have it. There’s also underinsured motorist coverage, or UIM, which covers the gap when the other driver has some insurance but nowhere near enough. Check your policy before you assume you’re stuck.
 

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A Hit-and-Run Usually Counts as Uninsured

What if the driver didn’t just lack insurance but sped off and vanished? That scenario is usually covered too.

In most cases, insurers treat a hit-and-run like an uninsured-driver claim under your UM coverage . For your purposes, the driver who fled is an uninsured driver you simply can’t name. The catch is that you’ll generally need to report the crash promptly and show you did your best to identify them. Hence, calling the police right away really matters.
 

Other Coverage That Can Step In

Your UM coverage isn’t the only backstop sitting on your policy. A few others can help carry the load.

Medical payments, or personal injury protection coverage, can cover medical bills no matter who was at fault. Your health insurance can cover treatment too, though you may have to pay it back later. And if your car is wrecked, accident coverage can repair or replace it regardless of whether the other driver has insurance. Each one lowers your out-of-pocket costs. Stacked together, they can cover a surprising amount.
 

Suing the Driver: Possible, but Often a Long Shot

You can absolutely take the at-fault driver to court. Whether it’s worth it is another question entirely.

The hard truth is that someone who can’t afford insurance often can’t afford a judgment either. You might win in court and still collect nothing. That said, if the driver has a steady income, property, or other assets, a lawsuit can still make sense. It’s worth checking before you write the option off.
 

Don’t Overlook a Third Party

Sometimes the uninsured driver isn’t the only one responsible. A little digging can turn up another party with real coverage.

If the driver was working, their employer may share liability. If someone else owned the vehicle and lent it out carelessly, that can matter too. In some cases, a business that overserved a drunk driver bears part of the blame. Finding a second, insured defendant can change everything about your recovery.
 

What to Do Right After the Crash

Your choices in the first few hours can protect all the options above. Call the police and get a report, especially if the driver takes off.

Gather what you can at the scene: photos, witness names, and the other driver’s details. See a doctor promptly, even for aches that seem minor at first. Then notify your insurer quickly, since UM claims have their own deadlines. 

Getting hit by an uninsured driver feels like being left holding the bill. In reality, you usually have more paths to compensation than it first appears. Your own UM and UIM coverage, other policies, a possible lawsuit, and sometimes a third party can all come into play. Check your coverage, act quickly, and don’t assume that “no insurance” means no recovery.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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