Will my insurance company sue an uninsured driver?
Asked by: Belle Auer | Last update: November 3, 2025Score: 4.5/5 (35 votes)
Is it worth suing an uninsured driver?
Suing the uninsured driver might not be worth it unless they are financially capable of satisfying a judgment. After a crash with an uninsured or underinsured driver, contact a car accident lawyer about your legal options.
How likely is an insurance company to sue you?
While subrogation allows insurance providers to pursue third parties, an insurer usually cannot sue their policyholders. However, there are certain situations where an insurer may take legal action against its policyholder.
Do insurance companies pursue uninsured drivers?
If the at-fault party is uninsured, the insurer may pursue subrogation against the driver personally.
Will my insurance go after an uninsured motorist?
Your insurance company will no stop until they get their money back. Your premium may or may not go up, but they will get their money.
Can I sue an uninsured driver?
Do uninsured motorist claims go against you?
If you have an accident that is not your fault and then make a UM/UIM claim for that accident, you are within the two events allowed under this code section. The insurance company cannot raise premiums, cancel coverage or refuse to renew your policy.
What does uninsured motorist coverage not cover?
In many states, uninsured motorist coverage will only pay for bodily injury and will not pay for damage to your car. There are some states in which you can only purchase uninsured coverage for property damage if you do not carry collision coverage.
Am I covered against uninsured drivers?
If you cause an accident and you have a comprehensive Car Insurance policy, the cost of repairing both your car and the uninsured driver's car is covered. If you only have third-party insurance, you'll have to pay for any repairs to your own car yourself, but the uninsured driver's car will still be covered.
How do I protect myself from uninsured drivers?
One of the best ways to protect yourself from uninsured and underinsured drivers is to be sure you have enough of the right coverage, including uninsured and underinsured coverage, and high enough limits yourself.
What is the uninsured driver promise?
What is an uninsured driver promise? If your car insurance policy includes an 'uninsured driver promise' it means that, if a driver without insurance hits your car and it's not your fault, you can make a claim for repairs and you will not lose your no-claims bonus or have to pay an excess.
What happens if someone sues you and you have no money?
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
What happens if an insurance company sues you?
If your insurance company initiates a legal action against you seeking declaratory relief, you need to seek advice and representation from an experienced insurance claims lawyer without delay as the insurer will ask the judge to determine that your claim is not covered.
Can I threaten my insurance company?
However, you should never threaten to harm an insurance adjuster or any employee of an insurance company.
What happens to uninsured drivers involved in accidents?
If the uninsured driver is found to be at fault for a collision, they may be held personally responsible for payment of any damages. If they cannot afford to pay for repairs, then the vehicle owner may have to pay out of pocket.
What is considered an uninsured driver?
An uninsured motorist is someone without auto insurance. Chances are about one in seven drivers in the U.S. is uninsured, according to a 2011 estimate by the Insurance Research Council. Uninsured motorist coverage helps you pay for damages caused by a driver who doesn't have car insurance.
Can you sue if you have no car insurance?
Other states allow uninsured drivers to collect economic damages, like medical expenses and property damage, but restrict other types of compensation. For example, in California, drivers who are uninsured at the time of an accident can't get "non-economic" damages from the at-fault driver.
What is the deductible for uninsured motorist coverage?
The amount of your UMPD deductible will vary based on your state. It usually falls in between $100-$1,000. Note that some states may have a separate deductible for hit-and-run claims. You may not have the option to choose your deductible amount for UMPD coverage.
What to do if insurance is avoiding you?
Your Best Bet Is to Get a Lawyer. When insurance companies ignore you or possibly use other bad-faith tactics with your claim, it's best to get an attorney involved.
How do you insure a car you're not driving?
Technically, there's no dedicated insurance for a car in storage. The closest thing to vehicle storage insurance is comprehensive car insurance coverage, as it protects your vehicle against the types of damage it could suffer while parked on your property.
What is the disadvantage of uninsured motorist coverage?
Some cons to consider include: Additional cost: Adding uninsured motorist coverage to your policy typically increases your insurance premium, which can be financially burdensome. It is important to weigh the benefits against the added cost and your budget.
Is it better to have a collision or uninsured motorist?
Deductible Comparison: UMPD generally has a lower deductible compared to collision coverage. This can be beneficial in reducing immediate out-of-pocket costs. Broader Coverage: UMPD can cover not just your vehicle but also other property, such as a fence or a garage, if damaged by an uninsured driver.
Why are there so many uninsured drivers?
Reason 1: They Can't Afford it
Putting aside a situation where you get into an accident and have to pay out of pocket for repairs and medical bills (yours or others involved), driving uninsured also carries steep fines and a loss of your license. You also may be surprised by how affordable car insurance can be.
Will insurance go up after an uninsured motorist claim?
This is because when you cause an accident and have to make a claim to pay for damages caused to other people, your rates typically do increase. However, under California's proposition 103, insurance companies are not allowed to raise rates or drop a person because they made an uninsured motorist claim.
Do I have to pay uninsured motorist?
California law does not require you to carry uninsured motorist (UM) or underinsured motorist (UIM) coverage—so, legally, you don't need either one. However, UM/UIM is an important and commonsense coverage to carry.