Do Insurance Companies Go After Uninsured Drivers?

Learn how insurance companies deal with uninsured drivers. Understand uninsured motorist coverage, subrogation, and your options in these complex situations.
Published:  June 7, 2023


Uninsured drivers can pose substantial complications in the aftermath of an accident. If you've been in a collision and the other party lacks insurance, it's essential to consult legal professionals who can help navigate the situation. This article will delve into the steps insurance companies take against uninsured drivers and the options available to you.

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Understanding Uninsured Drivers

Uninsured drivers are individuals who operate a vehicle without a valid auto insurance policy. Most jurisdictions legally mandate drivers to maintain auto insurance, so an uninsured driver is typically in violation of the law. Being involved in an accident with such a driver can significantly complicate matters.

Insurance Company Actions

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Pursuing Uninsured Motorist Coverage

Uninsured motorist coverage is a component of your auto insurance policy designed to protect you if you're involved in an accident with an uninsured driver. If you have this elective coverage, your insurance company may cover your damages up to the policy limits. You must promptly report the accident to your insurer.

Subrogation and Seeking Compensation

Subrogation is a legal concept where the insurance company steps into the shoes of the insured to recover the costs of the claim from the party at fault. If the at-fault party is uninsured, the insurer may pursue subrogation against the driver personally. This could lead to substantial financial ramifications for the uninsured driver.

Legal Options for the Uninsured Driver

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Consult with an Attorney

If you're an uninsured driver involved in an accident, it's crucial to consult an attorney immediately. Lawyers can guide you through the legal complexities and protect your rights. They can provide a case evaluation and discuss your potential avenues for defense.

Evaluating Third-Party Liability

In some instances, a third party might bear partial or full responsibility for the accident. An attorney could help assess potential third-party liability and possibly initiate a personal injury claim for compensation. This process would involve gathering evidence and documenting the accident circumstances thoroughly.

Exploring Other Sources of Compensation

There might be alternative sources of compensation available. These can include government assistance programs, victim compensation funds, or lawsuits against additional liable parties. Your lawyer can assist in evaluating and pursuing these potential resources.

Dealing with Insurance Companies

Interactions with your insurance company in such situations should be handled carefully. It's vital to provide accurate information about the accident and the involvement of the uninsured driver.

Protecting Yourself from Uninsured Drivers

Prevention is better than cure. Keeping your uninsured motorist coverage updated can safeguard you against potential complications arising from accidents involving uninsured drivers. Additionally, practicing defensive driving techniques can help avoid accidents altogether.

Legal Rights and Recourse

Being involved in an accident with an uninsured driver does not absolve them of legal responsibility. Even if the driver lacks insurance, they are still liable for the damages they've caused. Consulting with a trusted attorney can help you understand your potential legal rights and the potential recourse available to you as each case is unique.


While insurance companies may pursue uninsured drivers to recover claim costs, the process can be complex and time-consuming. Uninsured drivers involved in accidents should seek legal counsel promptly to protect their rights and explore possible compensation avenues.

It's crucial to remember that maintaining proper insurance coverage is not only legally required but also serves as a protective measure against potential risks associated with uninsured drivers.

Mike Hostilo Law Firm

33 Park of Commerce Blvd
Savannah, GA
(844) 203-9338

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*"Contingent attorneys” "No fee unless you win or collect" and "You only pay us if we win your personal injury claim" fees refer only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

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