What Happens If an Uninsured Driver Hits You?

March 7, 2025 | By Colombo Law

Being injured in a car accident is bad enough, but learning that the other driver doesn’t have insurance is even worse. A hit-and-run accident adds insult to injury and raises similar challenges. In these situations, an uninsured driver accident claim may be your only option for compensation.

Car accident claims involving uninsured and underinsured drivers can be complicated. There is no guarantee that your insurance company will treat you fairly. A car accident lawyer in Morgantown can help you file an uninsured motorist claim, as well as explore any additional legal options you may have.

If you have been hit by an uninsured motorist, Colombo Law can help. Our lawyers can navigate the challenges of an uninsured driver accident claim and secure the compensation you deserve. Call 304-599-4229 today for a FREE case review.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage (UM insurance) pays for your medical expenses and vehicle damage if an uninsured driver causes an accident. In West Virginia, motorists are required to carry uninsured motorist insurance. The minimum requirements for WV uninsured motorist coverage are $25,000 per person and $50,000 per accident.

What Is Underinsured Motorist Coverage?

Underinsured motorist coverage (UIM insurance) pays for medical bills and damage to your vehicle if the at-fault driver’s liability insurance does not fully cover all of your losses from the accident.

For example: Say you are hit head-on by a careless driver who veered into your lane. Your medical expenses from the accident total $100,000, but the driver who caused the accident only has $25,000 in bodily injury coverage (the mandatory minimum in West Virginia). In this situation, you could turn to your underinsured motorist coverage to make up some or all of the $75,000 not covered by the other driver’s insurance.

West Virginia does not require drivers to carry underinsured motorist coverage. It is in your best interest to review your auto insurance policy to determine whether you need UIM coverage. One important consideration is whether you can afford to pay for medical treatment on your own. Another is whether you can pay for repairs out of pocket or afford to buy a new car.

How Does UM/UIM Insurance Work After an Accident?

If you are injured in a car accident caused by another driver, your usual course of action is to file a claim with the other driver’s insurance company. But what if the driver doesn’t have auto insurance, or your damages exceed the available coverage? Depending on the situation, you would likely turn to your uninsured motorist coverage or underinsured motorist coverage.

An uninsured driver accident claim is paid by your insurance company rather than the other driver’s. Only accidents where the uninsured driver is at fault are covered. Examples include:

The driver doesn’t have liability insurance
Hit-and-run accidents
Accidents where the other driver is unidentified (such as a crash that wasn’t reported to the police)

If you purchase underinsured motorist coverage, you would file a claim under your UIM policy for car accident damages over and above what the at-fault driver’s insurance will pay for. Underinsured motorist coverage generally pays for medical bills and may cover additional damages such as lost wages and pain and suffering.

Do not expect that a UM/UIM claim will be easier than a third-party liability claim. The insurance company is still a business, and they want to preserve the bottom line. You may encounter delays, requests for additional information, low-ball settlement offers, and even denial of your claim.

If you suspect that your insurance company isn’t treating you fairly, you should seek legal counsel right away. A knowledgeable car accident lawyer can review your insurance policy and strive to get your losses covered.

What to Do After an Accident with an Uninsured Driver

You need to protect your rights after a car accident, whether the other driver is insured or not. If the driver is uninsured, the steps you should take include:

1. Exchange Information

Most people learn that the other driver doesn’t have insurance when they’re exchanging information after an accident. Even if the driver is uninsured, you still need to get their name, address, and contact information. Also write down the license plate number and details about the vehicle.

2. Don’t Accept Money

An uninsured motorist may offer you cash or a check to keep insurance out of the equation. You don’t know the extent of your injuries or damages yet, so you shouldn’t accept any monetary offers.

3. Call the Police

In West Virginia, accidents involving injury or death must be reported to the police. The police officer should note that the other driver doesn’t have insurance, and may issue a citation. Other details in the report may support your claim that the other driver was at fault, so it is important to get a copy.

4. Collect Evidence

You will need to prove fault to make an uninsured driver accident claim. Photos of the accident (including the positioning of the vehicles, road conditions, etc.) can show your insurance company what happened and persuade them of your right to compensation.

Witness testimony can also help to establish that the uninsured driver was at fault. Be sure to talk to any witnesses in the vicinity of the accident and get their names and contact information.

5. Contact a Car Accident Lawyer

Whether you file a UM/UIM claim or take legal action against an uninsured motorist, it isn’t always easy to assert your rights. A knowledgeable lawyer can provide you with the guidance and support you need.

Is It Worth Suing an Uninsured Driver?

Drivers who cause accidents are liable for damages. Liability insurance usually pays for damages, meaning the at-fault driver doesn’t have to pay out of their own pocket. When a driver is uninsured, they may be held liable directly.

The decision to sue the at-fault driver personally can be tricky. Most people don’t have the financial resources to cover the costs of a car accident themselves—that’s why we have insurance. And yet, about 9% of drivers in West Virginia are uninsured or underinsured.

A skilled car accident lawyer can evaluate the defendant’s assets to determine if it’s worth suing the uninsured driver. You may be able to recover compensation through a personal injury claim against the other motorist, as well as an uninsured driver accident claim.

Accident with an Uninsured Driver? Colombo Law Can Help

Finding out the driver who hit you is uninsured makes a stressful situation even more frustrating. The good news is that making a claim against the other driver may not be your only legal option.

At Colombo Law, we pursue all options for recovering compensation. This may be an uninsured driver accident claim, a lawsuit against the other driver, and/or determining if the negligence of another party contributed to the accident. We can also help you make an underinsured motorist claim if the other driver’s insurance won’t cover all of your losses.

Contact Colombo Law right away if you have been injured in an accident caused by an uninsured or underinsured driver. Your initial consultation is FREE, and you don’t pay any fees unless we win your case. Our car accident lawyers serve clients in Morgantown and throughout West Virginia.