The Short Answer:
If you’re in a car accident with an uninsured driver, the first steps are to call the police, get medical attention, and document the scene with photos and witness information. Then, report the crash to your insurance company and explore whether your uninsured motorist (UM) coverage applies. If you don’t have the right coverage or your damages go beyond your policy limits, you may be able to sue the uninsured driver directly for compensation.
In this article, we’ll explain everything you need to know after a crash with an uninsured driver in Maine, including your insurance options, how to file a UM claim, and how an experienced car accident lawyer can help you throughout the process.
Key Takeaways
- Maine requires UM coverage. Unless you opted out in writing, your auto policy likely includes UM coverage, which can help cover your medical bills, lost wages, and more.
- Legal claims are possible, but recovery isn’t guaranteed. You can sue an uninsured driver, but many lack the income or assets to pay a judgment. A lawyer can assess whether this option is worth pursuing based on the driver’s financial situation.
- Insurers don’t always play fair. Even your own insurer may delay, deny, or undervalue a UM claim. Legal representation can help ensure your claim is taken seriously and negotiated fairly.
- Strict deadlines can impact your case. Promptly reporting the accident and speaking with an attorney protects your right to compensation.
- Legal guidance can improve claim outcomes and reduce stress. An attorney can protect your rights, negotiate with insurers, and help explore all recovery options.
Table of Contents
- What to Do If You’re Hit by an Uninsured Driver
- Types of Insurance Coverage That May Apply
- Maine’s Uninsured Motorist Laws: What You Need to Know
- Your Legal Options If the At-Fault Driver Doesn’t Have Insurance
- Common Challenges in Uninsured Driver Claims
- How Lowry Law Can Help After a Crash with an Uninsured Driver
- Uninsured Driver Accident FAQs
- Hit by an Uninsured Driver in Maine? Contact Lowry Law Today!
What to Do If You’re Hit by an Uninsured Driver
Getting into a car accident is stressful enough, but finding out the other driver doesn’t have insurance can add a whole new layer of anxiety. The good news is that you still have options. Taking the right steps immediately after the crash can protect your health, your rights, and your chances of financial recovery. Here’s exactly what to do if you’re hit by an uninsured driver in Maine:
1. Ensure Everyone Is Safe
Your safety comes first. If possible, move your vehicle to a safe location away from traffic. Check yourself and passengers for injuries, even if they seem minor. Call 911 to request emergency medical assistance if anyone is injured.
2. Contact Law Enforcement
Always call the police after an accident involving an uninsured driver. An officer will create an official accident report that documents key details such as fault, vehicle damage, and the fact that the other driver lacked insurance. This report is valuable when filing a claim with your insurer or pursuing legal action later.
3. Document Everything
Gather as much evidence as possible at the scene. Take clear photos of both vehicles, license plates, road conditions, skid marks, traffic signs, and any visible injuries. Ask witnesses for their contact details and record a brief summary of what they saw. Also note if the uninsured driver admits fault or offers excuses.
4. Seek Medical Attention
Even if you feel fine, get checked out by a doctor as soon as possible. Some injuries, like whiplash or concussions, may not show symptoms right away. Medical documentation can also help prove your injuries later on.
5. Notify Your Insurance Company
Contact your insurance company promptly to report the accident. Let them know the other driver was uninsured. If you have uninsured motorist coverage, your insurer will guide you through the claim process. Be honest but cautious in your statements, and avoid accepting a settlement until you’ve assessed the full impact of the crash.
6. Contact a Car Accident Attorney
Dealing with a crash involving an uninsured driver often means navigating complex insurance claims or even pursuing a lawsuit. An experienced Maine car accident attorney can help investigate the crash, negotiate with insurers, explore all available compensation options, and protect your rights from the start. At Lowry Law, we help make sure you’re not left paying the price for someone else’s irresponsibility.
Types of Insurance Coverage That May Apply
Understanding the types of auto insurance that come into play after a car accident with an uninsured driver can help you better navigate your next steps. Below are the most relevant coverages and how each one might help.
Liability insurance covers damage or injuries that you cause to others. It doesn’t pay for your losses if you’re hit by someone else, especially someone who is uninsured. However, if you cause the accident, your liability insurance protects you, as long as you’re properly insured.
Maine is an at-fault state, meaning the driver who causes a car accident is legally responsible for paying for the resulting damages. However, drivers can carry Personal Injury Protection (PIP) or Medical Payments (MedPay) coverage. These optional coverages can help pay for medical expenses regardless of who caused the accident. If you’re hit by an uninsured driver, PIP or MedPay can cover:
- Emergency care
- Ongoing treatment
- Funeral expenses (in fatal accidents)
UM coverage steps in when the other driver doesn’t have insurance. It covers your medical bills, lost income, and sometimes pain and suffering. In Maine, this coverage is automatically included in your policy unless you reject it in writing.
If the other driver has insurance but not enough to cover your total damages, UIM coverage can make up the difference. This is particularly important in severe accidents where injuries and long-term care drive up costs beyond the at-fault driver’s liability limits.
Collision insurance covers the cost of repairing or replacing your vehicle after an accident, regardless of fault. If you’re hit by an uninsured driver and don’t have UM property damage coverage, collision coverage may be the only way to pay for vehicle repairs.
Maine’s Uninsured Motorist Laws: What You Need to Know
Being involved in a car accident with an uninsured driver is more common than many people realize. Fortunately, Maine law includes protections that help you recover damages, even if the at-fault party isn’t insured.
Uninsured Motorist Coverage Is Required in Maine
Maine requires all auto insurance policies to include uninsured motorist coverage in at least the same amount as the policyholder’s liability limits, unless the driver opts out in writing. That means most Maine drivers already have some form of UM protection without realizing it. This ensures that if you’re hit by a driver with no insurance, you can still receive compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Wrongful death (if applicable)
How Does UM Coverage Work?
After a crash with an uninsured driver:
- You file a claim with your own insurer under your UM coverage.
- The insurance company investigates the claim, reviews the police report, and evaluates your medical records and other damages.
- Once fault is confirmed and damages are calculated, your insurer pays out according to your policy limits.
If the insurer denies your claim or offers too little, you can appeal, negotiate, or file a lawsuit with the help of an attorney.
Why Maine’s UM Laws Matter
Maine ranks among the states with low rates of uninsured drivers, thanks in part to its strong legal framework. Still, the risk is not zero, and accidents involving uninsured motorists can still result in major financial strain without adequate coverage. That’s why it’s so important to:
- Confirm your policy includes UM and UIM coverage
- Consider higher-than-minimum limits to protect yourself and your family
- Contact an attorney after any accident involving an uninsured driver
Your Legal Options If the At-Fault Driver Doesn’t Have Insurance
If you’ve been in an accident with an uninsured driver, you have multiple paths for potentially recovering compensation.
1. Use Your Uninsured/Underinsured Motorist Coverage
Start by reviewing your auto policy. If you have uninsured motorist or underinsured motorist coverage, you can file a claim with your own insurance company to cover medical bills, lost wages, and pain and suffering.
Maine law requires insurers to include UM coverage by default, so unless you opted out in writing, you likely have it.
2. File a UM Claim With Your Insurer
Filing a UM claim involves many of the same steps as a regular accident claim:
- Notify your insurer promptly after the accident.
- Submit documentation like the police report, medical bills, wage loss records, and photos.
- Cooperate with your adjuster during the investigation and assessment.
- Negotiate a settlement, but don’t accept any offer without understanding the full extent of your injuries and rights.
This is where legal help can make a difference. Insurers may try to minimize payouts, even under your own policy. Our attorneys can negotiate on your behalf to help ensure you seek fair compensation.
3. Consider Filing a Lawsuit Against the Uninsured Driver
If your UM coverage is insufficient or you don’t have it, you may consider suing the at-fault driver directly. A successful lawsuit can result in:
- Court-ordered compensation for your damages
- Wage garnishment, property liens, or structured payments
Our legal team can investigate whether the uninsured driver has assets or income worth pursuing and handle the entire litigation process for you.
How Long Do You Have to File a UM Claim in Maine?
In Maine, you typically have 6 years from the date of the accident to file a lawsuit, but your insurance policy may have shorter deadlines for UM claims, so it’s important to:
- Review your policy details
- Notify your insurer as soon as possible
- Consult a lawyer to avoid missing important deadlines
Delays can lead to a denied claim, even if you’re otherwise eligible for compensation.
Common Challenges in Uninsured Driver Claims
Even when it seems clear that the other driver was at fault and uninsured, pursuing compensation isn’t always straightforward. Here are a few common issues that can complicate your case:
- Fault Disputes: Insurance companies may try to shift blame or argue that you were partially responsible. Without strong evidence like a police report, witness statements, or dash cam footage, proving liability can become difficult.
- Insurance Company Tactics: Even when filing a claim under your own uninsured motorist coverage, your insurer may question your injuries, delay the process, or offer a lowball settlement. Their goal is often to pay as little as possible, not to protect your best interests.
- Uncollectible Judgments: Suing the uninsured driver is an option, but even if you win, collecting on a judgment can be difficult. Many uninsured drivers have limited assets or income, making it hard to recover what you may be owed.
How Lowry Law Can Help After a Crash with an Uninsured Driver
Dealing with the aftermath of an uninsured car accident can be confusing and frustrating. Insurance companies might push back on claims or offer low settlements, especially when you’re using your own policy. At Lowry Law, we:
- Investigate the crash and gather critical evidence
- Communicate with your insurance provider
- File uninsured motorist claims and negotiate for maximum compensation
- Explore legal options, including suing the uninsured driver if needed
- Ensure all deadlines are met
- Offer a no-cost, no-obligation case review
With decades of experience helping Mainers, we can fight for your rights and peace of mind.
Uninsured Driver Accident FAQs
If an uninsured driver hits you, you can typically file a claim through your own uninsured motorist coverage, which helps pay for medical bills, lost wages, and other damages. If you don’t have UM coverage or your losses exceed your limits, you may need to explore other legal options such as filing a lawsuit.
If the driver flees, it’s considered a hit-and-run, which is a crime. You should call the police immediately and gather as much information as possible. Your UM coverage usually applies in hit-and-run situations, even if you never identify the other driver.
Police officers will typically ask for proof of insurance at the scene and include that information in the accident report. If the driver cannot produce valid insurance documents, or if the documents are expired or invalid, the report will reflect that they were uninsured.
If the vehicle has insurance, the owner’s policy may still apply, depending on who was permitted to drive the car. If the driver was using the vehicle without permission or is explicitly excluded from the policy, coverage may be denied. An attorney can help interpret the policy and determine coverage.
In Maine, uninsured motorist coverage is required by law, unless you waived it in writing. If you didn’t opt out, you likely have coverage that protects you if you’re hit by a driver with no insurance or involved in a hit-and-run accident.
If your losses go beyond your UM limits, you can potentially use underinsured motorist coverage (if available), collision coverage for property damage, or health insurance for medical bills. You may also consider suing the uninsured driver to recover the remainder.
If your claim is denied, your insurer must provide a reason. Common reasons include missed deadlines, insufficient evidence, or disputed liability. You have the right to appeal the denial, and hiring a lawyer can increase your chances of success.
Not necessarily. If you were not at fault, Maine law may prevent your insurer from increasing your rates just for using your UM coverage. However, it’s best to review your policy and speak with your insurer to understand how your rates may be affected.
If your insurance company pays out a UM claim, it may pursue the uninsured driver through subrogation to recover what it paid. This process happens behind the scenes and does not usually involve the policyholder.
Yes, you can sue an uninsured driver who caused your accident. However, collecting a judgment can be difficult if the driver lacks the financial means to pay. A lawyer can help you determine whether it’s a viable option based on the driver’s assets.
It depends. If the driver has no income, assets, or insurable interests, a lawsuit may not result in meaningful compensation. But if they have property, income, or inheritances, or if you want a judgment on record, it may be worth pursuing with legal guidance.
After winning a lawsuit, you may collect through wage garnishment, bank levies, or placing liens on property. The process can be slow and depends on the driver’s financial situation. Your attorney can help enforce the judgment.
Uninsured drivers may face serious consequences including fines, license suspension, vehicle impoundment, and personal liability for damages. In Maine, driving without insurance is illegal and can lead to criminal penalties.
At Lowry Law, we work on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we win your case. This allows you to get legal help without worrying about out-of-pocket costs.
Hit by an Uninsured Driver in Maine? Contact Lowry Law Today!
You shouldn’t have to worry about paying out of pocket after an accident just because the other driver was irresponsible. Let the trusted legal team at Lowry Law help you get compensated through your own policy, identify other sources of recovery, or file a lawsuit if needed. Our attorneys are ready to fight for your rights—reach out today for a free consultation.
