How to Handle an Accident With an Uninsured Driver 

Car accidents are stressful enough. But when the other driver doesn’t have insurance, that stress can rocket into fear, confusion, and uncertainty.

If you’ve been hit by an uninsured or underinsured driver in Kentucky or Indiana, you might wonder what your next steps should be, and if there’s any way you can actually receive the compensation you need.

At the Karl Truman Law Office, we’ve helped countless people navigate the aftermath of these difficult situations. The good news is that you still have legal options—and the right attorney can help you find them.

What’s the Difference Between Uninsured and Underinsured Drivers?

An uninsured driver is someone who has no auto insurance coverage at all, despite laws in both Kentucky and Indiana requiring drivers to carry it. An underinsured driver has some insurance, but not enough to cover the full extent of your damages.

Unfortunately, these drivers are more common than you might think. According to the Insurance Research Council, about 33% of drivers on U.S. roads were uninsured or underinsured in 2023. If you’re in a collision with one of them, you may quickly find that the typical claims process grinds to a halt. That’s where knowing your options matters most.

What Should You Do After an Accident With an Uninsured or Underinsured Driver?

After any accident, whether involving an uninsured driver or not, your priority is always safety:

  • Call 911 or the police to report the accident
  • Seek medical attention if anyone is injured
  • Move your vehicle out of harm’s way, if it’s safe to do so

Once you’ve done that, gather as much information as possible, if you can do so safely:

  • Photos of both vehicles and the scene
  • Names and contact info of all parties and any witnesses
  • A copy of the police report (especially important if the other driver is uninsured)

Even if the at-fault driver admits fault, don’t skip the documentation. An uninsured motorist may try to avoid legal consequences. Having a police report can help protect your claim.

BLOG: When to Hire a Car Accident Lawyer in Kentucky (and Why)

What Happens if the Other Driver Has No Insurance?

In a typical car accident, you would file a claim with the at-fault driver’s insurance company to cover your medical bills, lost wages, and vehicle repairs. But if the other driver has no coverage, that avenue may be closed.

The situation becomes more complicated, but not hopeless. You still have a few potential paths to recover damages:

1. File a Claim with Your Uninsured Motorist (UM) Coverage

If you’ve added uninsured motorist (UM) coverage to your auto insurance policy, you can file a claim with your own insurance provider.

UM insurance typically covers:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Funeral expenses (in the event of wrongful death)

UM coverage steps in when the other driver has none. In states like Kentucky and Indiana, UM coverage is required unless you reject it in writing.

Many drivers carry UM coverage without even realizing it. That’s why it’s so important to check your policy or let a lawyer review it for you.

2. File an Underinsured Motorist (UIM) Claim for Partial Coverage

If the other driver has insurance but not nearly enough to cover your expenses, underinsured motorist (UIM) coverage may help. This kicks in after the at-fault driver’s policy is exhausted.

Suppose your total losses are $100,000 but the other driver only has $25,000 in liability coverage. Your UIM coverage could make up the $75,000 difference, depending your policy limits.

3. File Claims Under Personal Injury Protection (PIP) or MedPay Coverage

If you have PIP, MedPay, or other forms of “no-fault” coverage with your insurance, they may provide some eligible compensation.

MedPay can help pay specifically for medical costs you and your passengers have sustained in a car accident. PIP may also help cover medical costs, but can also help cover other losses such as being unable to work.

4. Sue the At-Fault Driver Personally

Technically, you can sue an uninsured driver directly. But this path is often impractical. Most uninsured drivers don’t have the personal assets or income to pay a judgment, even if you win in court.

However, some personal injury cases might have more than one at-fault party, and parties other than the driver might have insurance you could receive proper compensation through. For example, if faulty mechanic work contributed to the accident, the mechanic potentially could be held liable.

Before going down the road of lawsuits, we’ll help you explore whether it’s worth the time, expense, and emotional toll.

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Why UM/UIM Coverage Is So Important

If you take one thing away from this blog, let it be this: uninsured and underinsured motorist coverage can make the difference between full recovery and financial struggle.

The best part is that both types of coverage are relatively inexpensive. Many drivers can add UM/UIM protection for just a few extra dollars per month. We’ve dealt with many car accident cases where that few extra dollars per month was more than worth it for our clients.

Even if you’re reading this after an accident, review your policy. You might have coverage you didn’t even know about. If not, now is the time to consider adding it.

How an Attorney Can Help You After an Accident With an Uninsured Driver

At the Karl Truman Law Office, we know how to uncover every possible source of compensation for car accident victims. That means:

  • Reviewing your insurance policy for hidden or unused coverage
  • Investigating the at-fault driver’s assets and history
  • Negotiating with your insurance company (yes, even your own insurer can push back)
  • Building a strong case using medical records, witness statements, and crash reports
  • Handling appeals and denials if your claim is rejected

Insurance companies, including your own, are not on your side. They often will take any action necessary to pay out as little as possible for your claim. Our job is to make sure you aren’t left holding the bill for someone else’s reckless behavior.

You should never have to pay the price because someone else didn’t follow the law. We’ll fight to make sure you don’t.

closeup of a gavel

In an Accident With an Uninsured Driver? Call the Colonel

Every accident is different. But in nearly every case, the sooner you speak with an attorney, the better your chances of getting the compensation you deserve.

You don’t need to face this process alone. We’re here to listen, help, and act aggressively on your behalf.

If you or a loved one has been in an accident with an uninsured or underinsured driver in Kentucky or Indiana, don’t wait. Contact the Karl Truman Law Office today. We offer free consultations and don’t get paid unless you win.

Call us at (812) 220-3484 or fill out our online contact form to request your free consultation.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

References

 Insurance Research Council. (2025, February 20). One in Three Drivers are Either Uninsured or Underinsured in the U.S, Exposing Themselves and Other Drivers to Significant Financial Risk, New IRC Study Shows. https://www.insurance-research.org/news-releases/one-three-drivers-are-either-uninsured-or-underinsured-us-exposing-themselves-and