What does an insured driver do when hit by an uninsured driver?

Uninsured drivers

When I was hit by an uninsured motorist and it was their fault, my insurance company paid to fix my car. It's my understanding that they then sued the uninsured motorist for reimbursement. I was told that I could also file a small claims suit against the uninsured motorist for the deductible amount that I had to pay under my policy. So you have a choice; submit a claim to your company and then file a suit against the motorist to recoup your deductible, or don't file a claim with your company at all and go after the uninsured motorist in court for the complete amount. But chances are, if they can't afford insurance, then they won't be able to pay you either! If you only have liability coverage on your car, then taking them to court is obviously your only option. Keep in mind, most insurance companies require the uninsured driver to sign a statement that they have no insurance. If they don't sign, your insurance company will likely decline your claim and you will have to take the uninsured driver to court.

First answer by betty scott allen. Last edit by Jmerrett. Contributor trust: 2 [recommend contributor]. Question popularity: 164 [recommend question]