In an uninsured motorist accident the driver whose fault caused the accident does not have insurance for the vehicle operated by him. Sometimes the driver might not have sufficient insurance coverage to compensate you.
Just because the other diver does not have insurance it does not mean that you cannot sue the uninsured driver for compensation. Check your insurance policy. Generally insurance polices will have an uninsured motorist clause which allows you to seek compensation from your insurance company for injuries and damages you suffer in an accident caused by an uninsured motorist. Your insurance company will pay the difference between the amount of compensation you are entitled to if the driver at fault had proper insurance coverage and the amount the uninsured driver can pay.
The laws of uninsured motorist clause vary from state to state. In some states your insurance company will pay you only after you sue the uninsured driver and get a decree against the uninsured driver. Some states require you to at least file a lawsuit against the uninsured driver before you can claim compensation under the uninsured motorist clause. Your insurance company must be a party to the lawsuit.
Uninsured motorist clause can also be invoked in case of hit and run accidents where the identity of the driver is not known. Consult with an experienced accidents attorney if you have been injured in an uninsured motorist accident. The attorney can advise you on your options. You can seek compensation for your injuries, pain, suffering, loss of wages and medical expenses.