Can You Sue An Uninsured Driver?

Last Updated on February 5, 2026

Uninsured drivers, by definition, don’t have car insurance — which means after a crash, you may have no insurance policy to collect from (even if the other driver caused the accident). That’s why many people ask the same question: can you sue an uninsured driver?

Yes, you can. But whether it’s worth it depends on what coverage you have, the size of your damages, and whether the uninsured driver has income or assets you can realistically collect from.

Uninsured driving is also more common than most people realize. Recent Insurance Research Council estimates put the national uninsured-motorist rate at about 15.4% (more than 1 in 7 drivers), and in some states it’s closer to 1 in 3. That’s why it’s smart to understand your options before you ever need them — including uninsured vs. underinsured motorist coverage.

• Yes, you can sue an uninsured driver after an accident—but collecting money can be difficult if the driver has little income or assets.
• Before suing, check whether your own policy can help through uninsured/underinsured motorist coverage, collision coverage, and MedPay/PIP.
• Winning a lawsuit doesn’t guarantee payment—some uninsured drivers are “judgment-proof” or may file bankruptcy.
• The best next step after a crash is to document everything, file a claim properly, and consult an attorney if damages are significant.

Yes, You Can Sue an Uninsured or Underinsured Motorist

Yes — you can sue an uninsured or underinsured driver after a collision, and in some cases it’s the only way to pursue full reimbursement (especially for pain and suffering or losses that exceed insurance limits).

However, there’s an important downside: people who drive without insurance are often “judgment-proof” (meaning they don’t have enough income or assets for you to collect from). You can win in court and still struggle to get paid — even if you have significant medical bills, vehicle repairs, and other expenses.

If you’re considering a lawsuit, it’s usually worth talking to an auto accident attorney in your area. Many offer free consultations and can quickly tell you whether a case is worth pursuing and whether the other driver is collectible.

First, Check Whether You Can Get Paid Without Suing

Before you jump into a lawsuit, look at the coverage you already have. Depending on your policy and your state, you may be able to recover a large portion of your losses through insurance — even when the other driver has none.

• Uninsured/underinsured motorist coverage (UM/UIM): may pay for injuries (and in some states, vehicle damage) caused by an uninsured or underinsured driver.
• Collision coverage: can pay to repair/replace your car after a crash, regardless of fault (minus your deductible). See: collision coverage.
• Medical coverage: your medical payments coverage or personal injury protection (depending on state) can help with medical bills.
• Health insurance: may cover treatment, though you could still have deductibles/copays and out-of-network costs.

If your insurer pays your claim, they may also try to recover money from the at-fault driver (this is called subrogation). Learn more about whether insurance companies go after uninsured drivers.

How Uninsured or Underinsured Motorist Coverage Works

Uninsured and underinsured motorist coverage is a form of optional car insurance that can protect you when the other driver can’t fully pay for the damage they caused.

If the other driver is uninsured, they have no liability coverage. If they’re underinsured, they have insurance — but not enough to cover your losses (often because they only carry a basic liability plan).

With UM/UIM coverage, you may be able to claim damages from your own insurance company — even if the other driver was at fault. Without it, you may be stuck relying on collision/medical coverages, paying out of pocket, or filing a lawsuit.

When Suing an Uninsured Driver Makes Sense

Suing can be a good option when the money at stake is significant and there’s a realistic path to collecting. Examples include:

• The uninsured driver has a job (wages that could potentially be garnished, depending on your state).
• The uninsured driver has assets (savings, a home, or other property that could potentially be liened).
• Your damages exceed what your insurance will pay (for example, large medical bills, long-term disability, or substantial pain and suffering).
• The facts are strong and well-documented (police report, witnesses, photos), or the other driver was clearly reckless (for example, intoxicated at the time of the accident).

But Winning a Lawsuit Doesn’t Guarantee You’ll Get Paid

This is the biggest reality check with uninsured-driver lawsuits. Even if you win, collecting can be difficult. Some uninsured drivers have no assets, limited income, or may declare bankruptcy. In that case, you could spend a lot of time and money pursuing a judgment and still recover little (or nothing).

In other words, a court judgment is often “a piece of paper” that gives you legal rights to collect — but it doesn’t magically produce money.

Consider a Personal Injury Claim (and Know What Damages You Can Pursue)

If you sue an uninsured or underinsured motorist after a crash, you’re generally pursuing a personal injury claim and/or property-damage claim (depending on what happened and what your state allows).

For example, if an accident causes $200,000 in total damages — including medical bills, lost wages, and pain and suffering — and insurance only covers part of it, you may look to UM/UIM or a lawsuit for the rest.

You may also be able to sue for the remaining damages above and beyond what the other driver’s policy covers (or, if they have no insurance at all, for the entire amount). If you’re worried about getting sued yourself in a different situation, see can you be sued for an accident if you have car insurance?

What to Do After a Crash With an Uninsured Driver

• Call the police (especially if there are injuries or significant damage) and get a report number.
• Document everything: photos, videos, witness names, license plate, and driver info.
• Get medical care and keep every record and receipt.
• Notify your insurer promptly and ask what coverages apply (UM/UIM, collision, MedPay/PIP).
• File the claim correctly: follow our guide on properly submitting an auto insurance claim.

FAQs on Suing an Uninsured Driver

Final Word on Suing an Uninsured Driver

Yes, you can sue uninsured or underinsured drivers — and sometimes it’s the only way to pursue full compensation. But suing doesn’t always make financial sense if the driver has no income or assets to collect from.

If you’re considering legal action, sit down with an auto accident attorney for a consultation. In some cases, a lawsuit is the right move. In other cases, your best protection is the coverage you carry — especially uninsured/underinsured motorist coverage.