No Insurance for Personal Injury: What Happens Next?
No Insurance for Personal Injury: What Happens When There’s Nothing to Collect
I’ve practiced personal injury law for more than 26 years, and one of the toughest conversations I have with clients is about what happens when there’s no insurance available in their case.
You did everything right. You were injured because someone else was negligent. But when that person has no insurance and no assets, recovering money for your injuries becomes incredibly difficult—sometimes impossible. Here’s what I tell my clients when that harsh reality sets in, and what we still do to try to help.
When There’s No Insurance for Personal Injury in a Car Accident
In motor vehicle accidents, we always start by checking your own policy. If the at-fault driver has no coverage—or too little—Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage can step in. In New York, this is often called SUM coverage (Supplemental Uninsured/Underinsured Motorist).
This part of your policy is often overlooked, but it can be a financial lifeline. Many clients come to me thinking they’re stuck, and don’t realize they already have this built-in protection.
If you’re not sure what your policy covers, I recommend reviewing it with your agent or using a resource like New York State’s Department of Financial Services auto insurance guide to understand your rights.
No Insurance and No Assets: The Harsh Reality
When there’s no insurance for personal injury and no real assets—no wages, no property, no savings—our hands are often tied.
We can still file a lawsuit and win a judgment. But collecting on that judgment is another story. If the defendant is legally “judgment proof,” there’s simply nothing to recover.
This happens in more situations than most people realize:
- Slip and fall accidents involving uninsured landlords or businesses
- Dog bites where there’s no homeowner’s or renter’s liability coverage
- Intentional harm (like assaults), which insurance doesn’t cover
- Construction site injuries with small, uninsured contractors
Even in cases where fault is crystal clear, there’s no financial recovery if no one can pay.
What I Look for When There’s No Insurance for Personal Injury
Even when it looks like there’s no recovery possible, I don’t stop there. Here are a few questions I always ask:
- Does the person have a job? If yes, we may be able to garnish wages over time.
- Do they own real estate? We can file a lien on their property that stays in place until it’s sold.
- Is there a third party involved? Businesses, property owners, or employers may also bear some liability—and they may be insured.
In some cases, these strategies make all the difference. In those situations, my clients and I may need to have a hard conversation about some of the costs that are associated with those efforts before going down those roads. That’s why you need an experienced attorney to examine every possible angle before walking away.
How to Protect Yourself Ahead of Time
Unfortunately, you can’t control whether someone else has insurance. But you can protect yourself in advance. Here’s what I recommend:
- Make sure you have strong uninsured and underinsured motorist coverage on your auto policy.
- Consider raising your limits—it’s usually more affordable than you think.
- Ask your insurance agent to walk you through what’s included (and excluded).
- Consider umbrella liability insurance if you own property or significant assets.
- If you’re injured, don’t assume there’s no case—talk to a lawyer right away.
For a general guide to how much insurance you may need, check out Consumer Reports’ guide to liability coverage.
Final Thoughts
When there’s no insurance for personal injury, things get tough fast. You may be dealing with medical bills, lost wages, and real pain—and no clear way to recover compensation. But that doesn’t mean all hope is lost.
At MidHudson Injury Law, I work hard to uncover every possible path to recovery. If you’ve been injured and are unsure where to turn, contact me. I’ll review your case for free and walk you through what’s realistic, what’s possible, and what comes next.
Ready to talk? Call today or visit midhudsoninjurylaw.com.