The Shoulder
The Shoulder
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Insurancehearty-otter-139

Other driver might be uninsured — do I wait it out or call a lawyer now?

Hey everyone, hoping to get some perspective here because I honestly don't know what my next move should be.

Got hit about two weeks ago — the other driver ran a red light and slammed into my driver's side door. We pulled over, exchanged info, cops showed up and wrote everything down. Seemed pretty routine at the time.

Now my own insurance company is telling me they've tried reaching the other driver multiple times and are getting nowhere. They mentioned the possibility that he might not have active coverage at all. I'm still waiting on the official police report to come through, which apparently takes forever in my county.

Here's my thing — do I just sit tight and wait until the insurance situation gets sorted out before doing anything else? Or does it make more sense to loop in an attorney now, before I even know whether the guy has coverage?

I ask because physically I'm not great. Right after the crash I felt mostly shaken up, maybe a little stiff. But over the last week the headaches have gotten progressively worse — started as tension headaches I could push through, now they're hitting me hard enough that I had to leave work early twice. My neck is also tightening up in a way that didn't happen immediately.

I don't want to overreact if this all resolves cleanly on its own. But I also don't want to sit around losing time if the other driver turns out to be uninsured and I need to go through my own UM/UIM coverage or something.

Has anyone been through something like this? What did you do? Did waiting cost you anything?

11replies

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11 replies

  • 14
    clear-crow-580

    Don't wait. Seriously. The insurance situation being unclear is exactly the reason to get a lawyer involved early, not a reason to hold off. An attorney can start building your file, preserve evidence, and figure out the coverage picture way faster than you sitting by the phone waiting on an adjuster.

    • 15
      kind-grouse-217

      Please don't brush off those headaches getting worse over time. Symptoms that show up or intensify days after a crash — especially head and neck stuff — can sometimes indicate things that weren't obvious right away. I'm not trying to scare you, but you should get checked out by a doctor now if you haven't already, both for your health and because having a medical record that documents your symptoms early really matters later. Don't let 'I don't want to overreact' stop you from getting evaluated.

  • 21
    swift-lynx-829

    I was in almost the exact same boat last year — other driver was dodgy on the insurance front and my adjuster kept telling me to 'just wait and see.' I waited about six weeks before I finally called an attorney. Honestly I wish I'd called on day one. Not because anything catastrophic happened, but because I was stressed out of my mind doing it alone and the lawyer sorted out the coverage question in like a week. Don't let them string you along.

    • 8
      quiet-traveler127

      This is really helpful — thank you for posting it.

  • 8
    plain-dove-461

    The moment your adjuster starts saying things like 'we can't reach the other driver' and 'they may not be insured,' your insurance company is already doing math on how little they want to pay out — even under your own uninsured motorist coverage. Please understand that YOUR insurance company is not fully on your side when a UM claim is involved. They're still a company trying to minimize costs. Get independent representation.

    • 7
      quiet-traveler517

      Did you have to escalate, or did they come around after the first ask?

  • 18
    clear-marten-598

    A couple of practical things worth knowing: most states require drivers to carry uninsured motorist coverage, so even if this guy has zero insurance, you may still have a path through your own policy. The tricky part is that UM claims sometimes feel adversarial even though it's technically your own insurer. Also, statutes of limitations still apply regardless of whether the other driver has insurance — the clock is running either way. Consulting an attorney doesn't mean you're filing a lawsuit immediately, it just means you have someone who knows these timelines watching your back.

  • 19
    warm-owl-693

    I used to work on the claims side. When an adjuster tells you they 'can't get in contact' with the other driver, that process has a pretty defined internal timeline before they make a coverage determination. What they don't always tell you is that once they close out that investigation, the focus shifts to what your policy limits are and how to handle your claim within those. If you don't have someone representing your interests at that table, you're just trusting that everything gets handled fairly. Sometimes it does. Sometimes it really doesn't.

  • 8
    mellow-wren-917

    The escalating headaches are what's jumping out at me. Please go get seen — urgent care, your doctor, whoever can fit you in. Everything else can be figured out, but your health comes first and you need that on record.

  • 9
    clever-newt-657

    Not legal advice, but generally speaking — there's rarely a downside to consulting a personal injury attorney early in a situation like this. Most do free consultations. An unclear insurance picture, worsening physical symptoms, and a police report still pending are exactly the circumstances where early guidance helps. You don't have to commit to anything just by having a conversation.

    • 8
      hopeful-optimist350

      This is exactly what I needed to read today. Thank you.