I think it's actually bad luck for being uninsured, but that's not a legal perspective
The other thing to consider is the potential costs of seeking reparation, the time, energy and stress that would be involved, and the fact that if that person wasn't insured in the first place the chances of getting any money out of them would be pretty slim.
I'd suggest your family member got insurance because, in this instance, the insurance company would pay and go the other party and your family member wouldn't be out of pocket. It'd be the insurance company's problem. I think!!
Sorry - no help at all!!