What if the at fault party did not have auto insurance at the time of the accident?

Unless the at fault party possesses significant personal assets, you unfortunately may not be able to recover any damages at all.  This is why possessing your own under-insured/uninsured motorist coverage is vital.

You may still recover compensation for your personal injuries if you were occupying a car that had uninsured motorists coverage or if you were covered by your own insurance policy or a family member’s insurance policy (that you reside with) had uninsured motorist coverage at the time of the accident.  Many policies include language that cover’s family members that reside with policy holders.  If in any doubt, ask the insurer for a copy of the policy and check the language.  Remember, though, that there is only two (2) years on a uninsured motorist claim to demand arbitration or file suit against the uninsured motorist driver.

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