cool-lynx-7281d ago

Hit by an uninsured driver and I don't have UM coverage — am I just stuck?

So this happened yesterday afternoon and I'm still kind of processing it. I was sitting at a red light, completely stopped, and got rear-ended by a guy driving a beat-up pickup. He pulled over, which I'll give him credit for, but when we started exchanging info things got awkward fast.

Turns out he has no insurance. None. He was upfront about it, almost weirdly casual — like he'd had this conversation before. I checked his plate through one of those lookup tools when I got home and sure enough, no active policy showing.

Here's my situation:

The damage to my bumper and trunk area is real but not catastrophic — body shop gave me a rough ballpark verbally
He told me he'd "make it right" and pay me directly, gave me his number
I do not have uninsured motorist coverage on my policy (I know, I know)
I didn't call police at the scene because the damage seemed manageable and he was being cooperative
I do have a dashcam and it caught the whole thing clearly

I feel weirdly guilty being frustrated because he seemed like someone going through a rough time financially. But also… I didn't ask to get hit, you know? And driving without insurance is illegal for a reason.

What are my actual options here? Can I take him to small claims if he ghosts me? Should I file a police report now even though it's been a day? Does my own collision coverage help at all even without UM? I'm kind of lost on where to even start.

9 replies

Most helpful first

hearty-crane-9621d ago
Almost the exact same thing happened to me two years ago. Guy was super apologetic, promised to pay, texted me for about a week and then just… vanished. Blocked me eventually. Get whatever agreement he made in writing ASAP — even a text where he admits fault and says he'll pay counts for something. Don't wait on that.
- warm-beaver-7491d ago
  File a police report today. Most departments will still take one within a few days of an accident. You'll want that report if this ever goes to small claims — it makes your case way cleaner than just a dashcam clip and a string of unanswered texts.
- swift-crane-9741d ago
  Please get checked out even if you feel fine right now. Rear-end impacts are notorious for symptoms that show up 24-72 hours later — neck stiffness, headaches, that kind of thing. If something does develop, you'll want it on record that it started right after the accident, not a week later when it's harder to connect.
careful-crane-7441d ago
Before you do anything, call your own insurer and ask specifically about collision coverage and how it applies here. But fair warning — if you file through your own policy, you may owe your deductible and your rates could go up even though you did nothing wrong. Get the full picture before you pull that trigger.
hearty-vole-8101d ago
I used to work claims and honestly uninsured drivers who 'agree to pay out of pocket' follow through maybe 20% of the time in my experience. I'm not saying this guy is definitely going to ghost you, but protect yourself like he will. Get everything documented now — photos, the dashcam footage backed up in two places, and any written communication from him. Small claims court is genuinely designed for exactly this kind of dispute if it comes to that.
quiet-stoat-5361d ago
Small claims is probably your most realistic path if he stops responding. The dashcam footage is huge — that's basically your whole case right there. You'll also want a written repair estimate (not just a verbal one) from a licensed shop before you file, so the judge has an actual number to work with. Most states let you sue for the repair costs plus your filing fee. It's worth looking up your state's small claims limit to make sure your amount falls within it.
spry-seal-8111d ago
Not legal advice, but: you may have more options than you think. Depending on your state, you could potentially sue him personally and — if you win — pursue wage garnishment or a lien if he owns property. Winning a judgment and actually collecting are two different things, but it's not always a dead end. A quick free consult with a PI attorney could at least map out what's realistic in your specific state.
patient-wolf-7991d ago
I totally get feeling bad for him — you sound like a genuinely decent person. But you didn't put yourself in this situation, he did. Protect yourself first. You can still be kind about it while also making sure you're not the one eating the cost of his mistake.
clear-grouse-6301d ago
Did you get his info in writing at the scene? Like actual photos of his license and registration, or just what he told you verbally? If you only have a phone number and a name he gave you, there's a chance even that isn't reliable. Just want to make sure you know what you're actually working with before you decide your next move.