In general, even though you were uninsured at the time of the accident your husband should be able to make claims for the damages he and the car sustained due to the accident caused by the drunk driver. You should contact the at-fault party's insurance carrier to make a claim for the total loss of your vehicle in this accident.

There are some states that limit your claims if you are uninsured at the time of an accident, however typically if the at-fault party was a drunk driver than you can make a claim though. For instance in Louisiana they have a "no pay / no play" law which normally means if you are uninsured and hit in an accident then you cannot recover for the first ten thousand dollars of bodily injury and no recovery for the first ten thousand dollars of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain compulsory motor vehicle liability security.

However as the LA Department of Public Safety notes that under the No Pay/No Play Law, a claim shall not be processed if the driver and/or owner who filed the claim was not insured, unless one of the following situations occur:

• The other party who was at fault is convicted of a DWI at the time of the accident
• The other party is convicted of fleeing the scene of the accident
• The other party was in the act of committing a felony
• The other party is convicted of intentionally causing the accident

So even in this state with strict laws about recovery for damages if you are uninsured, you can make a claim if you were driving without insurance and hit by a person that is then convicted of a DUI/DWI (driving drunk at the time of the accident). If you need consumer advice about your state's insurance laws and if you can make a claim then contact your state's insurance regulator.

If your husband was cited for driving without insurance he will need to take care of that ticket. A fine as well as license and registration suspension may be potential penalties. Getting auto insurance before your court date may help your position with the court. You can get free auto insurance quotes here with us.