Can I Sue an Uninsured Driver Who Hit Me?

Can You Legally Sue an Uninsured Driver?

Yes, absolutely. Every driver is legally required to compensate you for damages they cause—insurance or not.

What you can sue for:

• Medical bills (emergency room, surgery, physical therapy)
• Property damage (vehicle repairs or replacement)
• Lost wages (time off work due to injuries)
• Pain and suffering (varies by state and severity)
• Loss of earning capacity (if injuries affect future work)

Legal standard: You must prove the driver was at fault (negligent) and caused your damages. This typically requires:

• Police report
• Witness statements
• Photos of the accident scene and damage
• Medical records and bills
• Repair estimates

Statute of limitations: Most states give you 2–4 years to file a lawsuit. Check your state's deadline—once it passes, you lose the right to sue.

Bottom line: You have the legal right to sue, but the real question is whether it's worth it.

The Problem: Collecting the Judgment

Winning a lawsuit is easy. Collecting the money is hard.

Most uninsured drivers lack insurance because they can't afford it. They also typically lack:

• Significant savings or bank accounts
• Real estate or valuable assets
• Stable income (or they're paid under the table)
• Garnishable wages

Even if you win a $50,000 judgment, you may collect nothing.

Collection methods (and their limitations):

Wage garnishment:

• Courts can order employers to deduct a percentage of wages
• Only works if the driver has a traditional job
• Many states limit garnishment to 10–25% of disposable income
• If they're unemployed or paid in cash, garnishment is impossible

Bank account seizure:

• Courts can freeze and seize bank accounts
• Only works if the driver has money in the bank
• Many uninsured drivers live paycheck-to-paycheck with minimal savings

Property liens:

• You can place a lien on real estate or vehicles
• Only collectable if they sell the property
• Most uninsured drivers don't own valuable property

Reality check: Lawyers estimate that only 10–20% of judgments against uninsured drivers are ever collected—and even then, it may take years of legal battles and collection efforts.

Legal costs add up fast:

• Attorney fees: $200–$500/hour or 33–40% of recovery
• Court filing fees: $200–$500
• Process server fees: $50–$150
• Expert witness fees: $500–$5,000+

If your damages are under $10,000 and the driver is judgment-proof (no assets), suing may cost more than you'll ever recover.

Sue an uninsured driver if:

1. They have significant assets.

• Own a home with equity
• Have a well-paying job with garnishable wages
• Own a business or valuable property
• Have retirement accounts (may be protected by state law, but worth investigating)

2. Your damages are substantial.

• Severe injuries requiring surgery or long-term care
• Total medical bills exceeding $25,000
• Permanent disability or disfigurement
• Lost earning capacity

For minor accidents with a few thousand dollars in damages, suing is rarely cost-effective.

3. You have time and patience.

• Collection can take years
• Requires persistence and ongoing legal action
• You may need to renew judgments (they typically expire after 7–10 years)

4. You don't have uninsured motorist coverage. If you have UM coverage, use that first. It's faster, easier, and guaranteed. Only sue if your UM limits are too low to cover all damages.

For a complete overview of uninsured motorist coverage, read our guide on uninsured motorist coverage.

Better Option: Use Uninsured Motorist Coverage

If you have uninsured motorist (UM) coverage, use it.

UM coverage pays for your damages when an at-fault driver has no insurance. Benefits:

• Guaranteed payment up to your policy limits
• No collection hassles—your insurer pays you directly
• Faster resolution—typically weeks or months, not years
• No out-of-pocket legal fees (though you may need an attorney to negotiate with your own insurer)

Typical UM coverage limits:

• $25,000/$50,000 (covers up to $25k per person, $50k per accident)
• $50,000/$100,000
• $100,000/$300,000
• Higher limits available

What UM coverage pays for:

• Medical bills and treatment costs
• Lost wages
• Pain and suffering (in most states)
• Property damage (if you have UMPD)

Important: Some states offer underinsured motorist (UIM) coverage, which covers the gap when the at-fault driver has some insurance, but not enough. Learn more in our article on what is underinsured motorist coverage.

If your UM limits are too low:

• Your insurer pays up to your policy limits
• You can sue the driver for the remaining balance
• This "belt and suspenders" approach gives you some guaranteed recovery plus a chance at more

Don't have UM coverage? Add it immediately. It's affordable—often $50–$200/year—and protects you from uninsured and hit-and-run drivers. See our guide on is uninsured motorist coverage worth it.

Small Claims Court: A Faster Option

If your damages are under your state's small claims limit (typically $5,000–$10,000), small claims court is faster and cheaper than hiring a lawyer.

Advantages:

• No attorney required (you represent yourself)
• Low filing fees ($30–$100)
• Quick hearings (usually within 30–60 days)
• Simple procedures

Disadvantages:

• Damage cap limits recovery
• You still face collection problems if you win
• No guarantees of payment

Small claims works best when:

• Damages are minor (under $5,000)
• Fault is clear (police report, witnesses)
• The driver has a job or some assets
• You're willing to pursue wage garnishment

Process:

• 1. File a complaint in small claims court
• 2. Serve the defendant with notice
• 3. Attend the hearing and present evidence
• 4. If you win, request wage garnishment or bank account seizure

Even in small claims court, collection remains the hardest part.

Negotiating a Payment Plan

Sometimes the best solution is negotiating directly with the uninsured driver.

How it works:

• 1. Document all damages with receipts, estimates, and medical bills.
• 2. Send a demand letter outlining damages and requesting payment.
• 3. Offer a payment plan—monthly installments over 12–24 months.
• 4. Get it in writing—signed agreement with payment terms and consequences for default.
• 5. Consider a discount for lump-sum payment (e.g., $4,000 cash today instead of $5,000 over time).

Why drivers might agree:

• Avoids a lawsuit and court judgment
• Protects their credit (judgments damage credit scores)
• Prevents wage garnishment
• Allows them to pay over time

Enforce the agreement: If they default, you can file a lawsuit based on the written agreement, making it even easier to win a judgment.

Be realistic: If the driver truly has no income or assets, even a payment plan won't work. Know when to walk away or rely on your own insurance.

When to Hire an Attorney

Hire a personal injury attorney if:

• Your injuries are severe or permanent
• Medical bills exceed $25,000
• You're facing long-term disability
• Fault is disputed
• The uninsured driver has significant assets worth pursuing
• Your own insurance company denies or undervalues your UM claim

Most personal injury attorneys work on contingency:

• No upfront fees
• They take 33–40% of any settlement or judgment
• If you recover nothing, you owe nothing (though you may owe court costs)

An attorney can:

• Investigate the driver's assets
• File the lawsuit and handle court proceedings
• Negotiate with your own insurer (if you have UM coverage)
• Pursue collection efforts post-judgment
• Maximize your settlement or award

For minor accidents under $10,000: Attorney fees may eat up most of your recovery. Handle it yourself through small claims court or your own UM coverage.

What Happens if You Don't Sue?

If you choose not to sue, you have other options:

1. Use your uninsured motorist coverage. This is the fastest, easiest path to compensation.

2. File a claim with your collision coverage. If you have collision insurance, it covers vehicle repairs regardless of fault. You'll pay your deductible, but you won't deal with the uninsured driver.

After paying your claim, your insurer may subrogate—sue the uninsured driver on your behalf to recover what they paid. If successful, you may get your deductible back.

3. Pay out of pocket and move on. If damages are minor and the driver is judgment-proof, sometimes the smartest move is to cut your losses and move forward.

Bottom line: For most people, insurance-based solutions (UM coverage, collision coverage) are faster, easier, and more reliable than suing an uninsured driver.

How to Protect Yourself from Uninsured Drivers

The best defense is preparation:

1. Carry uninsured motorist coverage.

• Covers medical bills, lost wages, and pain and suffering
• Affordable ($50–$200/year)
• Essential protection in states with high uninsured driver rates

2. Increase your UM coverage limits.

• Match your liability limits for full protection
• Consider $100,000/$300,000 or higher
• Costs only slightly more than minimum coverage

3. Add uninsured motorist property damage (UMPD).

• Covers vehicle repairs when hit by an uninsured driver
• Available in some states
• Alternative to collision coverage

4. Document everything after an accident.

• Take photos of the scene, damage, and driver's information
• Get witness contact information
• Request a police report
• Keep all medical and repair receipts

For more on protecting yourself, read what happens if someone hits me and has no insurance.

Frequently Asked Questions