What to Do If the At-Fault Driver Doesn’t Have Insurance

Discovering that the driver who caused your accident lacks insurance can be a devastating setback during an already difficult time. Despite Nebraska law requiring all drivers to maintain minimum liability coverage—$25,000 per person, $50,000 per accident, and $25,000 for property damage—approximately 9% of Nebraska drivers remain uninsured. This unfortunate reality leaves many accident victims wondering how they’ll cover medical bills, vehicle repairs, and other expenses when the responsible party cannot pay.

At Knowles Law Firm, we frequently assist clients facing this exact predicament. Our 55 years of experience handling cases involving uninsured motorists gives us unique insight into the available options for recovery. Our attorneys understand the frustration and uncertainty these situations create and work tirelessly to explore every potential avenue for compensation.

Understanding Your Options When the At-Fault Driver Is Uninsured

When another driver causes an accident but lacks insurance, you still have several potential pathways to recover compensation for injuries and additional losses. Understanding the following options is essential for protecting your financial interests.

• Filing a claim with your own uninsured coverage
• Using your collision coverage for vehicle repairs
• Using your health insurance for medical expenses
• Seeking a lawsuit against the at-fault driver
• Exploring other potential sources of liability

Working with an experienced attorney at Knowles Law will help you determine which option or combination of options makes the most sense for your specific situation.

Using Your Own Insurance Coverage

Most Nebraska drivers have protection against uninsured motorists through their own policies.

Uninsured Motorist Coverage

Nebraska law requires all auto insurance policies to include coverage for uninsured motorists (UM). This coverage applies when you’re injured by a driver who has no insurance. The minimum required UM coverage in Nebraska is $25,000 per individual and $50,000 per incident for bodily injuries.

UM coverage might pay for:

• Medical expenses
• Lost wages
• Pain and suffering
• Disability or disfigurement
• Other accident-related damages

Remember that UM coverage only applies to bodily injuries, not property damage. To recover the cost of vehicle repairs, you’ll need collision coverage.

Collision Coverage

While not legally required, collision coverage can be invaluable when the at-fault driver is uninsured. This coverage covers vehicle repairs, regardless of who caused the accident, minus your deductible

Filing a collision claim might increase your premiums, but it often provides the fastest way to get your vehicle repaired when the at-fault driver has no insurance.

Filing a Lawsuit Against the Uninsured Driver

You may file an injury lawsuit directly against the uninsured motorist. However, this approach comes with significant challenges.

Many uninsured drivers lack insurance precisely because they cannot afford it or have poor driving records. This often means they have limited assets from which to recover damages. Even if you win a judgment against an uninsured driver, collecting payment might prove difficult or impossible.

Before pursuing litigation, your attorney should investigate whether the uninsured driver has assets worth pursuing. This might include:

• Real estate holdings
• Significant personal property
• Substantial income
• Business interests
• Investment accounts

Without recoverable assets, a lawsuit may result in an uncollectible judgment, wasting time and resources.

Document Everything After the Accident

Proper documentation becomes even more critical when dealing with an uninsured driver. Follow these steps immediately after the accident:

1. Call law enforcement to ensure they file an official report
2. Exchange information with the other driver, including name, address, and phone number
3. Take photos and video of the vehicles, the accident scene, and any visible injuries
4. Get contact information from eyewitnesses
5. Get medical attention, as some injuries may be latent
6. Keep records of all expenses and impacts

This documentation provides essential evidence for your insurance claim or potential lawsuit. The police report, in particular, serves as official documentation of the other driver’s lack of insurance.

Contact an Experienced Personal Injury Attorney

Navigating an accident with an uninsured driver requires years of legal knowledge. The lawyers at Knowles Law Firm have extensive experience handling these challenging cases throughout Nebraska. We have secured multi-million dollar settlements for clients and understand the nuances of uninsured motorist claims.

Our attorneys evaluate your case, identify all sources of compensation, and develop a strategic approach tailored to your situation. We handle every step while you focus on recovery. Don’t let an uninsured driver leave you with unpaid bills and uncompensated injuries. Contact Knowles Law Firm today at (402) 431-9000 or through our contact form.