Hit by a drunk driver who lied about having insurance — are we just screwed?

We went through almost this exact situation a couple of years ago. Different circumstances but same gut punch — uninsured driver, our own policy footing the bill, premium anxiety. What I'll tell you is the waiting period is real and it's maddening but it does eventually move. The part about suing him personally — we looked into it and our attorney ran an asset check first. Turned out the guy had nothing, so we made the call not to pursue it. But at least we knew instead of just guessing. Worth at least having that conversation.

That waiting period thing? Classic adjuster delay tactic. They know you're stressed and need money now, and the longer they wait the more likely you are to accept whatever they offer just to make it stop. Document every single call — date, time, name of whoever you spoke to, exactly what they said. Also, do NOT let them record a statement from you without understanding what you're agreeing to first.

I used to work claims and honestly the premium increase thing depends heavily on your state and your specific policy language. Some states have laws that actually prohibit insurers from raising your rate when the claim is the result of an uninsured driver and you're not at fault. Might be worth looking up your state's regulations or asking your agent directly — in writing. If they increase it anyway, you can sometimes file a complaint with your state's insurance commissioner.

Not legal advice, but to answer your question directly: yes, you can sue someone personally even if they're uninsured. The real question is collectability — meaning, can you actually recover anything if you win a judgment? An attorney can often do a pretty quick background check on assets before you spend time and money on litigation. Many PI attorneys offer free consultations and won't charge you unless they recover something. At minimum it's worth a conversation to understand your options. Not legal advice.

Here's the blunt version: get a personal injury attorney involved now, not later. Not because you're necessarily going to trial, but because having one changes how the insurance company talks to you. They tend to drag their feet less. And if the other driver has literally nothing — no job, no property, nothing — a lawyer will tell you that too and save you the headache of chasing a dead end.

Please make sure your partner is keeping every single medical record, every receipt, every prescription slip, every co-pay. Even things that seem minor right now. Injuries from rear-end collisions especially have a way of showing up or worsening weeks later, and you want a complete paper trail. Don't let the insurance chaos distract from actually taking care of them physically. That comes first.

I'm so sorry you're dealing with this. The fact that you're having to fight this hard after something that was 100% not your fault is infuriating. I don't have advice really but I just want you to know that feeling angry about the premium thing is completely valid. That part especially makes no sense to me.

When you say the policy was "expired" — do you know if it was lapsed for non-payment or if he just had an old card and coverage was actually in force? I ask because those are two very different situations and insurers sometimes try to confirm that before officially classifying someone as uninsured. I'm not saying your adjuster is wrong, just that it might be worth asking them specifically what determination they're waiting on.