Hit by a drunk driver who "had insurance" at the scene — now crickets from his carrier

This happened to me almost exactly — different circumstances but same fake insurance card situation. YES, your own UM (uninsured motorist) coverage is absolutely what you should be leaning on right now. Call your own insurer and explicitly say 'I want to open an uninsured motorist claim.' Don't let them talk you into only filing a collision claim, because that's not the same thing and the payouts are different. It took me a while to figure that out and I wish someone had told me sooner.

Even when you file the UM claim with your own carrier, don't assume they're on your side. They're still an insurance company trying to minimize payouts. They may push back on your medical bills or try to lowball the pain-and-suffering piece. Document every single symptom, every doctor visit, every medication. Don't give them a recorded statement without understanding your rights first.

I used to work claims and I want to be honest with you: cancelled or fraudulent insurance cards are more common than people realize, especially with DUI drivers. A few things worth knowing — first, when you file the UM claim your own insurer will likely investigate the at-fault driver's policy status independently, so keep any documentation you have of that card. Second, some states have guarantee funds or assigned risk pools for situations exactly like this. Third, your insurer will try to subrogate (recover money) from the drunk driver on their own if they pay you out, which is actually in your favor — it puts pressure on him financially without you having to chase him yourself.

Not legal advice, but worth knowing: even if this guy has no real assets today, a civil judgment can follow someone for years. Some attorneys who handle these cases work on contingency, so you wouldn't pay upfront. The DUI conviction, if it happens, also tends to make civil cases more straightforward. Might be worth at least a free consultation to understand your options — not just against him, but also to make sure your own UM claim is handled properly.

Please don't ignore the neck and shoulder pain hoping it'll resolve on its own. I've seen patients dismiss 'mild' whiplash-type injuries for months and then end up with much more complicated treatment paths later. Get a referral to a specialist, get it documented thoroughly, and keep a simple pain journal — even just a notes app entry each day rating your pain and describing what you can't do. That documentation matters more than people realize.

I'm so sorry, this is genuinely awful. You got hit by a drunk driver AND have to deal with this insurance nightmare on top of recovering? That's so unfair. Please don't try to white-knuckle through the financial stress alone — there may be more help available than you realize. Rooting for you.

Three things to do right now if you haven't: (1) Send a formal written letter to your own insurer opening the UM claim — email with read receipt so you have a timestamp. (2) Get a copy of the police report if you don't have it yet, because the DUI documentation in there is gold. (3) Stop talking to anyone from any insurance company on the phone without taking notes immediately after. Adjusters' memories get very convenient when it helps them.

Quick question — did your own policy actually include UM coverage, or did you waive it when you bought the policy? Some people don't realize they opted out to save a few bucks. Worth pulling up your declarations page before you count on it. Also, what did your insurer say specifically when you called them — did they open a claim at all?