You maintain the right to file a claim against the at-fault driver. However, if they don’t have insurance, that’s often an indication that they do not have the financial means to pay the amount you are entitled to in your claim. Your next best option is to file an underinsured or uninsured claim. These are separate policies that you can obtain in your own insurance plan and help cover you in the event that the at-fault party doesn’t have insurance or whose insurance coverage is not enough to compensate for the full value of your claim.
If you don’t have uninsured or underinsured coverage, then the next step is to take legal action. You have the right to file a personal injury lawsuit. If they don’t have the means to cover the damages, however, it may be difficult to secure financial compensation through a lawsuit.