According to the Insurance Research Council, approximately 7.2% of drivers in Montana were uninsured in 2023. This means: if you’re hit in Billings, there’s a real possibility the at-fault driver may not have liability insurance, making you face serious medical expenses, vehicle damage, lost income, and other damages without insurance coverage from the at-fault party to pay for it.

This is where understanding your legal options and insurance coverage becomes critical. If you’re involved in an uninsured driver accident, working with our Billings car accident lawyer at Craig Swapp & Associates can help you explore compensation options and ease the financial burden after an accident with an uninsured driver.

What Should I Do After an Uninsured Driver Hits Me?

Being hit by any driver in Billings can be traumatic, but finding out the at-fault driver has no insurance often adds insult to injury. 

Here’s what to do immediately following the crash:

1. Call Law Enforcement

Report the accident to local law enforcement. Even if the damage appears minor, it’s important to have a police report from the Billings Police Department documenting the uninsured driver’s status and any citations issued.

2. Gather Evidence

If you are able, gather as much evidence as possible at the scene:

  • Take photos of the vehicles, injuries, roadway, and license plates.
  • Get the names and contact info of witnesses.
  • Request the at-fault driver’s contact details and ask whether they have any insurance, even if they initially deny it.

3. Seek Medical Care

Get evaluated by a medical professional right away, even if you think your injuries are minor. Medical records create a paper trail that links your injuries to the crash.

4. Notify Your Insurance Company

Inform your insurer promptly, especially if you suspect the hit-and-run driver is uninsured. Some insurance policies require immediate notification in order to trigger uninsured motorist coverage.

5. Don’t Accept Cash or Verbal Promises

Uninsured drivers may offer to pay you cash less than the actual damages the accident incurred to you or ask you not to report the incident. Politely decline and follow proper legal and insurance procedures to protect your rights.

Montana’s Uninsured Motorist Coverage 

Under Montana’s insurance regulations, all vehicle owners are required to carry minimum auto liability insurance:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $20,000 per accident for property damage

But not all drivers comply with these requirements, which is why uninsured motorist protection becomes so important.

Uninsured Motorist (UM) Coverage is insurance you carry on your own policy to protect you when the at-fault driver has no liability insurance. 

It typically covers:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage

Montana does not require uninsured motorist coverage by law, but insurance companies must offer it, and many policyholders elect to carry it. If you have it, it can serve as your main path to financial recovery.

On the other hand, Underinsured Motorist (UIM) Coverage applies when the at-fault driver has insurance, but it’s not enough to cover the full value of your damages. While this doesn’t apply when the other driver has zero insurance, it’s helpful in crashes where their policy falls far short of your losses.

If you have both UM and UIM on your policy, you’re in a better position to recover the compensation you deserve, even if the at-fault driver can’t pay out of pocket.

Can I Sue an Uninsured Driver Who Hit Me?

Yes, you can file a personal injury lawsuit against the at-fault uninsured driver. However, whether it’s worth pursuing depends on one key factor: Can they pay?

Even without insurance, a driver remains legally responsible for the damages they cause. However, uninsured drivers often lack financial assets or income to satisfy a judgment. Even if you win in court, you might not collect.

That said, there are situations where suing might make sense, such as:

  • The at-fault driver has significant assets or a second property
  • They have a high-paying job or an inheritance
  • They may qualify for wage garnishment or property liens

Discussing your legal options with experienced personal injury lawyers in Montana will help you assess whether a lawsuit is a strategic option or if pursuing compensation through your own insurance is more realistic.

How Can a Billings Car Accident Lawyer Help Me?

When the driver who hit you doesn’t carry insurance, the process of recovering compensation becomes more challenging. A Billings car accident lawyer can step in to help by:

  • Reviewing Your Policy: An attorney can carefully examine your policy to determine how much you’re entitled to recover and whether any coverage exclusions apply.
  • Filing a UM Claim: Filing an uninsured motorist claim involves strict deadlines and procedures. Your lawyer ensures the claim is filed correctly to avoid denials.
  • Valuing Your Damages: Car accident lawyers calculate both economic (medical bills, property loss, income) and noneconomic (pain and suffering) damages so you don’t settle for less than you deserve.
  • Negotiating with Your Insurer: Insurance companies may offer lowball settlements or delay the process. Your attorney can push back and pursue fair compensation.
  • Exploring Alternative Actions: If your policy limits fall short or you didn’t have UM/UIM coverage, your lawyer can explore other options, such as filing a lawsuit against the responsible driver and identifying other liable parties.

A car accident lawyer provides peace of mind, protects your rights, and ensures you’re not left paying for someone else’s reckless behavior.

Don’t Let an Uninsured Driver Accident Leave You Hanging

Getting hit by a driver with no insurance coverage in Billings can feel like you’re left to deal with everything alone, but you’re not. Montana laws and your own insurance policy may still provide a path forward. 

At Craig Swapp & Associates, our personal injury lawyers know how frustrating and financially damaging these situations can be. We’ve helped clients in Billings, Montana, recover what they’re owed, even when the at-fault party had no coverage.

If you’re hit by an uninsured driver in Billings, call us at 406-642-0192 or send us a message about your case by answering our online form here to schedule your free consultation. 

Written By: Ryan Swapp     Legal Review By: Craig Swapp