Can You File a Claim After a Car Accident if You’re an Uninsured Driver?

May 10, 2023

Car accidents are unfortunately more common as the weather warms up, and having car insurance is an important way to protect yourself in the event of an accident. However, not all drivers have car insurance, and being an uninsured driver in a car accident can have severe legal and financial consequences. In this situation it is important to know your legal rights and remember that filing a car accident claim that involves an uninsured/underinsured driver should follow the same procedures as any other claim.
Most insurance companies allow you as few as 30 days from the date of the accident to make an underinsured or uninsured motorist claim. Make sure you get informed about your policy, your rights, and act on filing a claim as soon as possible.
If you are in a situation where an uninsured car accident has left you in a stalemate with your own insurance company, the best thing to do is hire an attorney to help you file an uninsured car accident claim against your insurance provider.

Understanding Car Insurance and Its Coverage

Car insurance coverage typically includes liability, collision, and comprehensive coverage, each with its own set of protections. Liability insurance is the minimum coverage required by most states and covers damages and injuries to others in an accident. Collision insurance covers damage to your vehicle in a crash, regardless of who is at fault, while comprehensive insurance covers damages from non-collision incidents, such as theft or weather-related events.

Uninsured/Underinsured Motorist Coverage is an additional type of coverage that protects you if you’re involved in an accident with someone who doesn’t have enough insurance or has no insurance. It is important to know the types of insurance coverage and what they entail before purchasing car insurance to ensure you have the necessary protections.

Most states require insurance companies to offer uninsured motorist coverage as an add-on to a basic insurance package. The state of Connecticut, in fact, requires drivers to purchase this type of coverage.


What Happens If You’re an Uninsured Driver in a Car Accident

If you’re an uninsured driver in Connecticut and get into a car accident, you may face significant financial consequences, including having to pay out of pocket for damages, injuries, and other related expenses. Driving without insurance is a class C misdemeanor in Connecticut—if convicted, you could be fined up to $500 and face up to three months in prison.

Penalties for those who drive vehicles without insurance also include license and registration suspension. Uninsured drivers may also have difficulties in obtaining car insurance in the future or face extremely high premiums.


Can You File a Claim If You’re an Uninsured Driver?

Uninsured drivers may have several options for filing a claim after an accident, including personal injury claims or claims against the other driver’s insurance policy. However, it is important to note that there may be limitations to the compensation available, and the claim may be denied altogether. Therefore, it is crucial to gather evidence and documentation to support the claim, as well as to understand the potential risks and challenges of representing yourself in court as an uninsured driver.

This is where a personal injury attorney can help. A personal injury attorney can help uninsured drivers navigate the legal process and protect their rights, negotiate with insurance companies, or represent them in court if necessary. Additionally, an attorney can help uninsured drivers maximize their compensation and recover their losses after an accident.


Why You Should Consult a Personal Injury Attorney

A personal injury attorney can guide you through the complex legal process and protect your rights as an uninsured driver. An experienced attorney can also negotiate with insurance companies or represent you in court if necessary. They will help you maximize your compensation and recover your losses after an accident as well. Consulting a personal injury attorney following a car accident can be essential for several additional reasons:

Assessment of Your Claim: An attorney can evaluate your claim and determine the appropriate compensation you are entitled to under Connecticut law. They can help you understand the damages you can claim, such as medical expenses, lost wages, pain and suffering, and other costs associated with the accident.

Filing a Lawsuit: If the insurance company denies your claim or offers a low settlement, a personal injury attorney can file a lawsuit on your behalf. They can represent you in court, present your case to a jury, and fight for your rights.

Protection Against Counterclaims: If the other driver involved in the accident files a lawsuit against you, a personal injury attorney can protect you against counterclaims and ensure that you are not held responsible for damages you are not liable for.

It’s always best to have representation when dealing with legal issues, especially when the financial stakes are so high. When hiring a personal injury attorney, it is important to find one with experience handling car accident cases, a proven track record of success, and a fee structure that works for you. At BJM Law, we offer free consultations to discuss your case and determine the best course of action for you.


Settling Your Claim

Car accidents can have significant financial consequences, particularly if you were hit by an uninsured or underinsured driver. If you are in an accident, it is crucial to understand your legal rights and insurance coverage, including uninsured/underinsured motorist coverage.

To receive the compensation you deserve, you’ll need to take legal action, including filing a claim, collecting evidence and documentation, and seeking legal advice from a personal injury attorney. Our team can help you negotiate with insurance companies and property owners to reach a fair settlement that covers damages such as car repair, medical expenses, lost wages, and pain and suffering.

It’s essential to avoid accepting the first settlement offer, as insurance companies often make lowball offers before you’ve completed medical treatment or fully assessed your claim’s value. Once you accept a settlement offer and sign the release, you forfeit your right to any further compensation, even if your injuries turn out to be more severe than initially thought.

Once you agree to a settlement, even if it turns out that your car accident injuries are worse than you realized, and your claim is worth much more than the settlement amount, once you’ve signed the release, you’ve lost your right to any additional compensation.



Driving without car insurance in Connecticut can result in severe legal and financial consequences, but uninsured drivers still have options. If you find yourself in this situation, it’s crucial to seek legal advice from a knowledgeable personal injury attorney.

At the Law Offices of Brian J. Mongelluzzo, our compassionate attorneys promise to stand beside you and your family in your time of need. With over a decade of experience handling personal injury and workers’ compensation matters, our team has helped thousands of clients throughout Connecticut.

We offer free case evaluations in person or over the phone, and our legal team is available 24/7 to assist you. To request a free evaluation of your case, simply fill out our online form or call one of our convenient legal offices in Waterbury or New Britain.
Don’t take chances with your legal rights and financial future. Contact the Law Offices of Brian J. Mongelluzzo today to see why thousands of people across Connecticut have trusted us when they’ve been hurt or in an accident.

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