bold-raven-9685/12/2026

Hit by an uninsured driver, only have liability — are we just totally screwed here?

Honestly just need to vent and also genuinely asking if there's anything we can do.

My brother got T-boned at an intersection two weeks ago. Other driver ran a red light — multiple witnesses saw it. Cops came, wrote it up as the other guy's fault, no question. Here's the problem: the other driver had no insurance. Zero. And my brother, because his car is older and paid off, only carries liability. We figured liability was fine because other people would have insurance. Ha.

We're in a state that requires insurance but apparently that doesn't mean much when nobody enforces it.

The car is almost certainly totaled. Brother has neck and shoulder pain that's been getting worse, not better — finally went to urgent care yesterday and they're sending him for imaging. So now we're looking at a wrecked car AND medical bills stacking up.

We tried talking to the other driver directly (probably a mistake, I know). She says she has no money, no job, and is basically one bad week away from losing her apartment. So even if we sued her and won, what would we even collect?

Police report is filed. We reported it to my brother's insurance but without uninsured motorist coverage, they're basically shrugging at us.

I keep reading about "suing in small claims" or "judgment liens" but I genuinely don't know if any of that is realistic when the person has nothing. Is there ANY path forward here, or do we just eat this whole loss?

9 replies

Most helpful first

curious-crane-4925/12/2026
Went through almost the exact same thing two years ago. Uninsured driver, my fault for not having UM coverage, deeply regret it. Honest answer: recovering money from someone with no assets is brutal. We got a judgment against the guy and collected basically nothing for over a year. Eventually he got a job and we were able to garnish wages, but it was a long, exhausting process. Not saying don't try — just go in with realistic expectations.
- hearty-marten-7545/12/2026
  Even with your brother's own insurer — push them harder. Sometimes there are optional coverages or policy provisions people forget they have. Adjusters aren't going to volunteer information that costs them money. Have him pull the full declarations page and read every line, or have someone who knows policies look at it. You might be surprised.
sharp-mole-2845/12/2026
Not legal advice, but a couple of things worth knowing: even a judgment against someone with no current assets doesn't disappear — in most states judgments can be renewed and they attach to future assets, property, tax refunds, etc. Also, if the at-fault driver ever gets insurance or assets down the road, you can potentially collect then. Whether that's worth pursuing depends on costs vs. realistic recovery. A PI attorney consult is usually free and they can tell you pretty quickly if it's worth it. The neck/shoulder injury piece changes the calculus too — medical damages are serious.
clear-fox-1415/12/2026
Please don't let your brother brush off that neck and shoulder pain. 'Getting worse, not better' after two weeks is exactly the kind of thing that turns into a chronic problem if it's not properly evaluated and documented NOW. Make sure every appointment, every symptom, every limitation gets written down. That paper trail matters both medically and legally.
tidy-wren-6655/12/2026
Former adjuster here. A few things I'd flag: first, double-check whether your brother's policy includes MedPay (medical payments coverage) — it's sometimes bundled in without people realizing it and it pays out regardless of who's at fault. Second, if there was any commercial vehicle involved, any rideshare, anything like that, there may be other insurance in play. Third — and I can't stress this enough — get that injury documented thoroughly and continuously. Gaps in treatment kill claims.
hearty-badger-9615/12/2026
Blunt take: for the car, you're probably taking the L unless you want to chase a judgment for years. For the injury, that's different — don't let that slide. Talk to a PI lawyer before you sign or say anything else to any insurance company. Most do free consultations and they'll tell you straight whether there's something to work with.
sharp-stoat-0475/12/2026
I'm so sorry, this is such a stressful situation and it's so unfair that your brother did nothing wrong and is still the one dealing with all the fallout. Just make sure he's not pushing through the pain trying to handle all the logistical stuff — stress and physical injury are a bad combo. Hope things turn around for you both.
kind-kestrel-0595/12/2026
One thing that sometimes gets overlooked: if the accident happened on a road with any maintenance issues, a traffic signal malfunction, anything like that, there can occasionally be third-party liability beyond just the other driver. Also worth checking whether any business or property owner near the intersection could have any relevance. It's a long shot but attorneys look at these angles. More commonly though — check if your state's DMV has an uninsured motorist fund or similar program. Some states have limited compensation pools for exactly this situation.
tidy-stoat-2295/12/2026
Quick question — was there a police report issued at the scene, and does it explicitly name the other driver as at fault? That document is going to be the foundation of anything you try to do going forward. Also, those witnesses — did anyone get their contact info? Because 'multiple witnesses' is a lot more useful if you actually have names and numbers.