The Shoulder
The Shoulder
52
Insurancecalm-newt-224

Hit by a drunk driver with no insurance — now I'm drowning and don't know where to turn

I genuinely don't even know how to start this post. About two months ago I was hit by a driver who blew well over the legal limit — he also had a suspended license on top of it. He's been charged with several felonies. Great for the justice system I guess, but that doesn't help me at all.

Here's where I'm at: the guy had zero insurance. None. My own uninsured motorist coverage is helping some, but after everything shakes out I'm still going to be left holding a balance on my car loan that my gap coverage won't fully touch. So I'll be paying off a car that's sitting totaled in a lot somewhere.

The part that's really killing me is I can't work. My back and shoulder took a serious hit and I've been told I need surgery. I'm a contractor — no work means no paycheck, full stop. I've already burned through most of my savings just covering rent and basics. My sister has been helping me out and honestly without her I'd be completely under.

I keep reading that I could pursue the at-fault driver personally but… the guy clearly had nothing going for him if he couldn't even afford basic liability insurance. So what exactly am I supposed to collect from him?

Is there anything I'm missing here? Some angle I haven't thought of? I feel like I did everything right — I had coverage, I was sober, I was following the rules — and I'm the one whose life is getting blown up. It just doesn't feel real. Any advice or even just shared experiences would mean a lot right now.

8replies

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8 replies

  • 18
    warm-kestrel-528

    Man, I could have written this post myself about 18 months ago. Different details but same gut-punch feeling. The thing nobody tells you is that uninsured motorist claims can actually be negotiated harder than people think — I ended up going back and forth with my own insurer multiple times before they actually paid out closer to what I was owed. Don't just accept the first number they throw at you. Also, look into whether your state has a crime victim compensation fund — when the at-fault driver had felony charges, that sometimes opens a door people don't know about.

    • 13
      sharp-stoat-794

      Not legal advice, but a couple of things worth knowing: even if the driver appears broke right now, a civil judgment against him doesn't expire immediately — in many states you can pursue collection for years, and people's financial situations change. Also, if you were injured this seriously, your UM/UIM policy limits and how they were applied are worth a second look by someone who does this for a living. The way insurers calculate offsets can sometimes shortchange you. Definitely worth at least a free consult.

  • 9
    keen-tern-045

    Please please please don't take your own insurance company's word for what you're 'owed.' I know it feels weird to fight your own insurer but they are not on your side — not when there's money on the table. They will lowball your injury claim the same way any other insurer would. Document everything, don't give recorded statements without understanding what you're agreeing to, and get another opinion on that settlement number.

  • 14
    careful-stoat-013

    I worked claims for years. When someone has felony charges and no insurance, adjusters on the UM side sometimes get a little lazy because they figure you have nowhere else to go. That's exactly when you push back. Request the full breakdown of how they calculated your payout in writing. If your medical treatment is ongoing or you haven't hit maximum medical improvement yet, they should NOT be closing your injury claim — that's a red flag if they're pushing you to settle now.

  • 9
    daring-swan-094

    The surgery piece is important — if you settle anything before you know the full picture of your recovery, you could seriously shortchange yourself. Back and shoulder surgeries can have long rehab tails, and complications happen. You want any settlement to account for what's coming, not just what's already happened. Make sure whoever is advising you understands your full medical trajectory, not just the current diagnosis.

  • 11
    genuine-beaver-777

    I'm so sorry you're going through this. It's so unfair that you did everything right and you're the one suffering for it. Please don't try to handle all of this alone — it sounds like you have your sister in your corner, which matters. Lean on people right now. There's no prize for toughing it out solo.

  • 19
    candid-mole-924

    Two things to do this week: 1) Look up your state's uninsured motorist laws and victim compensation programs — some states have funds specifically for situations like yours. 2) Talk to a PI attorney before you sign or agree to anything. Most do free consultations and work on contingency so it costs you nothing upfront. You're not in a position to leave money on the table right now.

  • 16
    quiet-stoat-452

    Quick question — did your UM policy have stacked or unstacked coverage? And do you have MedPay or PIP on top of that? The reason I ask is that the answer changes what options you actually have. A lot of people don't know what they bought until they're in exactly your situation.