What Happens If I Only Have Liability and Someone Hits Me?
Hit by another driver with only liability car insurance? Learn how to seek compensation and what your options are.
When you carry only liability car insurance and another driver is at fault, the situation can feel uncertain. Understanding your policy’s protections, and what it does not cover, is paramount. This article guides you through navigating vehicle damage and personal injuries when your coverage is limited to liability. It outlines the necessary steps to take after a collision and how to pursue compensation.
Understanding Your Policy Coverage
Liability-only car insurance primarily covers damages and injuries you cause to others, not your own. This coverage includes bodily injury liability, paying for medical expenses, lost wages, and pain and suffering for the other party. It also includes property damage liability, covering repairs to their vehicle or other property you damaged. Most states require drivers to carry at least minimum liability coverage to legally operate a vehicle.
A key aspect of liability-only coverage is what it omits. Your own liability policy will not cover your vehicle’s repair costs if it is damaged, regardless of fault. Similarly, it will not pay for your medical expenses or those of your passengers if you are injured. These first-party losses, like damage to your car or your medical bills, are covered by additional coverages such as collision, comprehensive, medical payments (MedPay), or personal injury protection (PIP), which are not included in liability-only policies.
Immediate Steps After the Collision
After a collision, ensuring safety is the first priority. Move your vehicle to a safe location if possible and check for injuries. Promptly contact emergency services if anyone is injured or if the accident involves significant property damage; a police report can provide an unbiased account. Law enforcement can also help manage the scene and ensure information is exchanged properly.
Gather specific information from the other driver, including their full name, contact information, driver’s license number, and insurance details with the policy number. Document the scene thoroughly by taking clear photos and videos of:
All vehicles involved, showing damage from multiple angles
The overall accident scene
Skid marks and debris
Any relevant road conditions
Collect contact information from any witnesses, as their statements provide valuable independent perspectives. Even if injuries are not immediately apparent, seeking medical attention promptly is advisable, as some injuries may not manifest right away.
Making a Claim Against the At-Fault Driver
Once you have gathered all necessary information, initiate a claim with the at-fault driver’s insurance company. This third-party claim is the primary avenue for a liability-only policyholder to recover compensation for vehicle damage and personal injuries. Contact their insurer directly, providing details collected at the scene, such as the police report number, photos, and witness contacts.
The at-fault driver’s insurance company will investigate to determine liability and assess damages. This process involves reviewing the police report, examining photographs, and inspecting your damaged vehicle to estimate repair costs. For personal injury claims, they require medical records and bills to evaluate the financial impact of your injuries. After their assessment, the insurer will make a settlement offer for your property damage and medical expenses, which you can negotiate if the offer does not adequately cover your losses.
When the At-Fault Driver Cannot Be Found or Pay
Recovering compensation from the at-fault driver’s insurance company may not always be viable. If the other driver is uninsured, underinsured, or flees in a hit-and-run, a liability-only policyholder faces significant limitations. Without additional coverages like Uninsured/Underinsured Motorist (UM/UIM) or Medical Payments (MedPay) on your own policy, your insurer will generally not cover your vehicle repairs or medical bills.
In these situations, your options become restricted. If you lack UM/UIM coverage, which protects you when the at-fault driver has insufficient or no insurance, you must pursue compensation directly from the at-fault driver. This might involve filing a lawsuit in civil court to seek a judgment for your damages. However, collecting from an individual who lacks insurance often means they also lack significant personal assets, making actual recovery difficult or impossible, even with a favorable court judgment.