Can You Sue an Uninsured Driver?

Being involved in a car crash that leaves you with property damage and injuries is a terrible, traumatic experience, but if you are hit by an uninsured driver, the situation is even more dire. A large number of drivers in Alabama don’t have car insurance, even though it is required by law. Getting compensation through a lawsuit for your medical bills, time missed at work, property damage and other losses following an accident with an uninsured driver can be especially difficult, but you do have the right to sue, and it is an option you should explore.

However, it can be very hard to take on an uninsured driver without getting skilled legal guidance. Alabama vehicle accident laws are complicated, and insurance companies will take every opportunity to minimize or deny claims or make it seem as if the accident was your fault. As a result, people who have been hit by an uninsured driver often consult with car accident lawyers. An experienced uninsured motorist accident attorney in Alabama will understand the legal complexities involved in suing an uninsured driver and will take the steps needed to get you the best settlement possible.

Can You Sue an Uninsured Driver in Alabama and Actually Get Paid?

You may be able to get paid if you win a lawsuit, but the problem with getting paid after suing an uninsured driver is that many people in Alabama drive without car insurance because they can’t afford it.  If they can’t afford insurance, it is likely they do not have much money or assets that can go toward a settlement. So, while you can sue and the judge or jury may rule in your favor, you may not be able to actually collect the money you need to cover your damages if the person does not have it. Or, in some cases, the person may have money that will allow them to make payments to you, but not enough to pay you in a lump sum. These payments may be small but are probably better than receiving nothing at all.

Of course, there are other situations in which uninsured drivers may actually have the assets to pay for the damage they’ve caused. They might claim they don’t have the money to pay, but an investigation into their financial circumstances could tell a different story.

Your attorney will most likely run an asset search on the uninsured driver to determine whether the person has property, business investments and other assets that might cover some or all of your damages. If they do, you can potentially have their assets frozen through a lien so they can’t be sold or spent during the lawsuit process. If the suit goes in your favor, you may be paid out of the money from the sale of those assets.

Also, in some situations, there may be alternative defendants you can sue, in addition to the other driver. For example, you may be able to sue:

• the vehicle owner, if different from the driver
• an employer, if the driver was on the job
• a part manufacturer, if the accident was caused by a defective auto part that failed
• a property owner, if the owner failed to maintain their property and their trees were blocking visibility on the road
• another driver, if it was a multi-vehicle accident and another driver hit the car that hit yours.

What are Alabama’s Insurance Requirements?

Alabama law requires all drivers to have auto insurance, and the minimum liability limits are “25/50/25.” These numbers mean that if you cause an accident, you are covered for at least:

• $25,000 worth of bodily injury coverage per person;
• $50,000 coverage for all bodily injuries from any one accident; and
• $25,000 coverage for property damage per accident.

However, in 2025, 19.5% of drivers in Alabama are estimated to be uninsured, according to FinanceBuzz. This puts Alabama among the states with the highest percentage of uninsured drivers.  If you have the bad luck of being hit by one of them, you may have no choice but to file a lawsuit.

In some cases, drivers may have the minimum insurance coverage, but they are considered to be underinsured because the insurance they carry is not enough to cover all the damages from the accident they caused. In this case you may also have to file a lawsuit to try to collect the difference.

If you have opted to carry Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage on your own insurance policy, you can file a claim with your own insurance company that may cover your damages up to the limits of your policy. If this still is not enough to cover all costs and damages, you may also want to file a lawsuit to recover the difference.

Understanding Alabama’s Strict Contributory Negligence Rule

Under Alabama’s strict contributory negligence rule, if you sue the other driver and the court finds that you share even a tiny amount of responsibility for the crash that caused your injuries, you will get no money for your damages. Even if it’s determined you were only five percent responsible for the crash and the uninsured driver was 95 percent at fault, you will still be out of luck.

When another driver does not have insurance, they may work especially hard to try to show that you helped cause the crash in order to avoid paying you anything. These contributory negligence rules add to the already complex process of trying to recover compensation from an uninsured driver, and they add to the importance of having a skilled car accident lawyer working for your interests and helping to prove fault.

How Can an Attorney Help Win Compensation from an Uninsured Motorist?

Winning compensation from an uninsured motorist is difficult, but there are several things experienced Alabama car accident lawyers can do to help. They can:

• Evaluate your insurance policy to see if you have UM or UIM coverage, file all claims, and negotiate with your insurance company for optimum compensation
• Investigate the accident to prove you were not at fault, gather evidence and interview witnesses
• Determine whether there were additional parties who contributed to the accident and what insurance and assets they and the uninsured driver have that can go toward a settlement
• File a lawsuit against the uninsured driver and other potential defendants, build your case, and take it to court.

Don’t wait to speak with a car accident attorney. There is a time limit, or statute of limitations, in Alabama for filing personal injury lawsuits. In most cases, you have two years from the date of the accident to file a lawsuit seeking compensation for your injuries. If you miss this deadline, you are probably out of luck – in most cases, your suit would not be heard by the court.

Contact Our Knowledgeable Car Accident Lawyers When You Have Been Hit by an Uninsured Driver

Whether or not to bring a lawsuit against an uninsured driver can be a confusing decision. While there are many difficulties involved in suing someone who does not have insurance, it is still something that should be considered when you have no other options for compensation for your mounting medical bills, lost income, property damage, pain and suffering and other damages.

Caldwell Wenzel & Asthana offers free, no-obligation consultations to car accident victims. Our successful uninsured motorist car accident lawyers will review all of the circumstances of your crash and advise you about your possible options

Call us today at (251) 444-7000 to get started.