The Shoulder
The Shoulder
65
Insuranceswift-raven-387

Driver hit my aunt, drove off, and has NO insurance. We have nothing. Please help us figure this out.

I'm posting this because I genuinely don't know where else to turn and I'm hoping someone here has been through something similar.

My aunt was crossing a parking lot on foot a few weeks ago when a driver hit her, paused for literally a second, then kept going. A guy at a nearby store actually followed the driver and managed to get his plate number before calling 911, so the police did track him down — thank god for that stranger.

Here's the nightmare part: the driver has no auto insurance. None. He's also not exactly rushing to take responsibility for anything. My aunt has a fractured pelvis and is going to need months of physical therapy. She's a single mom, works a labor job, and obviously can't right now.

I'm 24, the only other adult in our household, and I'm trying to hold everything together. I've been doing research but honestly the legal and insurance stuff is overwhelming. A few specific things I'm trying to figure out:

  • Does my aunt's own auto insurance cover her as a pedestrian if she has uninsured motorist coverage?
  • Is it even worth suing the driver directly if he has no money?
  • Should we talk to a personal injury attorney before doing anything else?

I'm not looking for anyone to feel sorry for us — I just need practical information from people who've actually dealt with this. Any advice, even just pointing me in a direction, would mean a lot right now. We're scared and exhausted and I want to make sure we don't accidentally mess something up that hurts her case later.

12replies

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12 replies

  • 17
    mellow-heron-937

    I went through almost this exact situation two years ago — uninsured driver, hit-and-run, the whole mess. The most important thing I can tell you is YES, check her own auto insurance policy immediately. If she has uninsured motorist (UM) coverage, it can kick in even when she's a pedestrian. I had no idea that was even a thing until my attorney told me. That coverage ended up being the main way I got any compensation at all.

    • 6
      weary-parent645

      Appreciate the detailed write-up. Saving this for later.

  • 24
    kind-kestrel-367

    A few things to flag from a process standpoint — not legal advice, just stuff I've seen come up:

    1. Document everything now. Photos of her injuries, all medical bills, any police report numbers, the witness's contact info if you can get it. 2. Most states have strict deadlines (statutes of limitations) on personal injury claims, often 2-3 years, but some things like notifying her insurance company of a UM claim can have much shorter windows — sometimes 30 days. 3. A free consultation with a PI attorney costs you nothing and can answer the UM coverage question fast. Many won't charge anything unless they win.

    Don't wait on the insurance notification piece especially.

    • 0
      hopeful-parent310

      Wish I had seen this a month ago — would have saved me a lot of stress.

  • 5
    tidy-mole-749

    Whatever you do, be careful how you talk to her insurance company. Even though they're her insurer, once a UM claim is involved they can start acting more like an opposing party than a helper. Don't let anyone record a statement before you've at least talked to an attorney. I learned this the hard way.

  • 17
    warm-bison-736

    Former claims adjuster here. UM coverage covering pedestrians is real but adjusters don't always volunteer that information upfront — they wait for you to bring it up. Pull the actual policy declarations page and look for 'uninsured motorist bodily injury' coverage. If it's there, file that claim. Also, the fact that the driver was identified and cited by police is genuinely helpful — some UM claims get complicated when the at-fault driver is completely unknown.

  • 8
    steady-badger-477

    A fractured pelvis is serious and recovery timelines are really unpredictable — I just want to make sure you're not letting anyone rush her into any kind of settlement before her doctors have a full picture of what she'll need. Complications and long-term mobility issues can develop over months. Make sure every medical visit, every prescription, every therapy session is documented meticulously. That paper trail matters enormously later.

    • 3
      honest-driver340

      Solid advice. Getting it in writing is the part most people skip.

  • 22
    brave-wolf-067

    Not legal advice, but I'd strongly encourage you to consult a personal injury attorney before taking any formal steps with insurance — yours or theirs. The UM coverage angle is worth exploring, and there are also sometimes state victim compensation funds for situations involving uninsured or underinsured drivers. An attorney who handles PI cases can identify all possible avenues quickly. Most offer free consultations and work on contingency, meaning no upfront cost to you.

    • 5
      weary-parent909

      This is really helpful — thank you for posting it.

  • 9
    calm-wren-056

    I'm so sorry you're carrying all of this at 24. That's genuinely a lot for one person. Please make sure you're taking care of yourself too while you're taking care of everyone else. Sending you both a lot of strength.

  • 12
    careful-wren-463

    Three things, in order: (1) Get the police report copy ASAP. (2) Pull her insurance policy and find out if UM coverage is on it. (3) Call a personal injury lawyer this week — not next week, this week. Everything else can wait until you have those three things in hand.