How to Sue an Underinsured Motorist In 3 Steps: Full Guide

How to Easily File a Lawsuit Against an Underinsured Motorist

suing ATT in small claims court with an app

Research conducted by the Insurance Research Council shows that approximately one in eight drivers do not carry insurance. So what happens when you – an insured driver – are involved in an accident with an uninsured driver?

This article will discuss when you should sue an uninsured driver, the steps you should take to file a suit in small claims court, and the compensation to expect. We’ll also show you the easy way to sue anyone through DoNotPay.

When Should I Sue an Uninsured Driver?

These are some cases in which you will have to sue an uninsured driver.

  • Both drivers are uninsured at the time of the accident. If you suffered damage as a result of the accident and neither one of you is covered by an insurance provider, you should file a claim in a small claims court.
  • When an attempt to settle fails. For example, when the uninsured driver offers to settle a claim but is unwilling to pay the full value of costs incurred by the accident.

How to Sue an Uninsured Driver in Small Claims Court?

    1. File a police report as soon as the accident occurs. The report should include photos of the damage done to the vehicle and a description of the incident.
    2. Obtain medical evaluation and assistance.
    3. Report the accident to your insurance company.
    4. Prepare for your small claims court case. This should be done by the owner of the vehicle and when the insurance company refuses to cover the costs.
    5. Gather evidence. This includes the police accident report, photos, witness statements, voice memos, etc. Estimate the monetary value of your loss.
    6. Submit your claim to the small claims court clerk and serve the accused with a demand letter. This will give them a chance to settle the claim outside of court.
    7. File the lawsuit and serve the defendants if they refuse to settle.
    8. Prepare for trial and show up with all the necessary evidence to defend your case.

What Should You Expect in Compensation?

You should receive damages upon winning your case in small claims court. The table below outlines the types of damages you may receive.

Physical DamagesThis refers to the cost of repairs for damage done to the plaintiff’s vehicle.

For example, Ackerson’s vehicle was rear-ended by Schramm, an uninsured driver. Upon winning her case, she was awarded $2,300 for physical damages.

Medical BillsThis covers all medical costs incurred from the accident, including past, present, and future expenses.
Permanent DamageIf the accident resulted in any permanent damage or disabilities, there will be compensations to cover your long-term expenses.
Trauma and DistressAlthough pain and emotional distress can be difficult to quantify, there will be financial compensation for the emotional and mental trauma you might have gone through.
Lost IncomeIf you are unable to work and receive income as a result of the accident, you will qualify for financial compensation.

Take an Uninsured Driver to Court with DoNotPay

DoNotPay offers a simplified process to file a lawsuit in small claims court. Sue an uninsured driver today and receive up to $10,000 in compensation. You can do this in 4 easy-to-follow steps:

  1. Log in to and select the Sue Now Product
  2. Enter the dollar amount you are owed
  3. Choose either a demand letter or court filing forms
  4. Describe the reason for the lawsuit and submit all necessary details like reports and other forms of evidence,

It’s that easy! Now, you can sit back and let generate your demand letter for court filing forms. We will also mail a copy of the demand letter to the accused on your behalf.

DoNotPay is Your Personal AI Assistant

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DoNotPay does not stop at helping you take legal action against a driver with no insurance. The robot lawyer can help you with a wide range of legal matters such as:

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