If you are involved in an accident, where the other driver is at fault, but does not have insurance or if you are unaware if they have insurance, you must speak to an attorney to determine other avenues of recovery. An attorney will be able to determine in the drive does in fact have insurance. If there is no insurance, you may be able to submit a claim against the at fault party directly and/or make a claim against an uninsured or underinsured policy of insurance with your own insurance company.
In my experience, in cases like these, you should avoid speaking to your own insurance company until you seek the advise of counsel.
