What happens if the defendant has no insurance?

When the at-fault party has no insurance, collecting compensation becomes significantly more challenging but is not always impossible. Your first step should be to check your own auto insurance policy for uninsured motorist (UM) coverage, which can compensate you for bodily injury caused by an uninsured driver. If you have underinsured motorist (UIM) coverage, it may also apply. You can also sue the uninsured defendant directly and obtain a personal judgment against them. However, collecting on that judgment depends entirely on whether the defendant has assets — bank accounts, real estate, income — that can be garnished or attached. Unfortunately, many uninsured drivers have limited assets, making collection difficult even with a judgment. In premises liability or product cases, the property owner or manufacturer may have insurance even when an individual does not. An attorney can identify all potential sources of recovery, including umbrella policies and other defendants.