Always Follow The Law
Almost every state requires you to report the accident if theres any personal injury. Although the accident might seem minor, if the occupant of any involved vehicle suddenly feels a twinge in their neck or a cramp in their back, the accident must be reported.
Remember, you dont want to get into legal trouble because you decided to save a little money on insurance. Yes, insurance coverage can be costly, but so can the legal consequences of not following the law. If you have any doubt, go through the insurance company in order to protect yourself.
If you file a claim, your insurance company is legally obligated to provide you a defense to liability or a lawsuit. They must pay the claim, even if youre at fault. Likewise, if the other driver files a lawsuit against you, the insurance company is expected to defend you and cover the judgment, if thats part of your policy. But if you decide to cover the damages privately and something goes wrong, youre on your own you could end up paying for a legal defense and judgment.
Again, if the accident involves only your car or if it truly is minor, it might make sense to pay for damages out of pocket. But as soon as there are questions of liability, personal injuries, extensive damage, or an uncooperative other driver involved, youre probably best working through your insurance company.
What Happens If Someone Hits You And They Dont Have Insurance
Home » Frequently Asked Questions » Car Accidents » What Happens If Someone Hits You and They Dont Have Insurance?
When someone without car insurance causes an accident that results in your injuries, you may have a couple of options available to you, either through your own insurance or through a personal injury lawsuit. Your options depend upon the extent of your injuries and whether or not you carry uninsured motorist coverage or underinsured motorist coverage as part of your insurance policy.
Whether you carry UM or UIM often depends upon whether your state mandates it as part of your required motorist coverage. Some states, such as New York, require a minimum UM or UIM for all licensed drivers, while others, like Florida, do not. Since we share the roadways with uninsured drivers, it is better to be prepared in case someone hits you and they have no insurance.
Is The Car I’m Driving Insured
What happens if you are involved in a car accident with a vehicle that is not yours? While you may not own a vehicle which means you have no insurance, there is a good chance the vehicle itself may be insured. If you have permission to be in use of the vehicle, you will be covered under the vehicle owner’s insurance policy.
If you own a vehicle and have not insured it, you will not be entitled to the other person’s insurance for PIP benefits, but you can still make a claim against them for bodily injury damage.
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Penalties For Driving Without Car Insurance
If you are in a car accident and found to be driving without valid insurance, every state will impose a fine of hundreds or even thousands of dollars. In addition, the Department of Motor Vehicles in most states will also impose penalties that include the suspension or revocation of your driver’s license, usually for a period from a few months to one year.
In New York, for example, if your vehicle is uninsured and is involved in an accident:
- the state’s DMV will revoke your driver license and vehicle registration for at least one year, and
- the state’s traffic court will fine you up to $1,500, and
- you’ll need to pay the DMV a $750 civil penalty to restore your driver license.
Get more details on penalties for driving without insurance .
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Filing A Claim If Your Parked Car Was Hit
If you are not responsible for an accident and file a claim with your insurance company, you will not see a rate increase in most cases. However, your insurer may increase your rate to cover its own expenses, especially if you have filed claims before.
Collision insurance has a deductible. Generally speaking, the larger the deductible, the less you’ll pay for your premium. However, if the cost of repairs is lower than your deductible amount, you should pay for that small dent yourself and not file a claim.
What Happens If Im Not At Fault But Dont Have Insurance
Even if youre not at fault in the accident, you may still be cited for driving without insurance and forced to pay fines or have your license suspended. Sometimes, your insurance company can cover these costs for you and then seek reimbursement from the other drivers insurance.
You may be able to file a third-party claim with the other drivers insurance company or sue them for damages, but that can take time. If you live in a no-pay, no-play state, you may also be limited in how much money you can ultimately recover.
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Who Pays For A Car Accident If You Dont Have Insurance And Youre Not At Fault
If youre not at fault for an accident and dont have insurance, you can expect to receive a ticket for driving without adequate coverage. Depending on whether youve been caught without insurance before, you could be fined up to $500. When you factor in additional penalties and fees, you could be paying up to $1,000.
In addition, you could face license suspension for up to four years and be required to file an SR-22 certificate. All of this will lead to paying a much higher premium than you would have paid if you already had an active policy at the time of the accident.
As far as paying for damages, if youre not at fault, then its the other driver who pays for a car accident if you dont have insurance. Youre entitled to make a claim with the other drivers insurance company to cover your medical bills as well as repair costs for your car. Under California law, you can choose the body shop where the repairs are done.
Sjz Member New York Bar / Freeadvice Contributing Attorney
Answered 5 years ago | Contributor
Your insurance probably will go up in cost, but there’s nothing you can do about that–that’s up to the insurer, which can increase the price to you when you have a claim .You can sue the at-fault driver for your deductible and any other out-of-pocket costs, such as if you had to rent a car for a time. Suing in small claims court is a very good option, to not just minimize legal fees but also to expedite matters .
IMPORTANT NOTICE: The Answer provided above are for general information only.The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person.Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcomeor an attorney’s conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not beauthorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike theinformation in the Answer above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
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If The Other Party Was At Fault:
If the other party was at fault and didnt have car insurance, you have several options:
How Contributory Negligence Affects Your Ability To Recover Damages After A Car Accident In Maryland
Also, suppose that you were texting and driving when you crashed into the other driver and not looking at the road. Even though you had the right of way and the other drivers actions are predominantly responsible for the accident, you might be contributorily negligent.
The other driver may argue that the accident could have been averted if you had not been texting while driving. If the court agrees, you are barred from recovering anything. Even if you were only 10% to blame and the other driver was 90% at fault, you would be barred from recovery.
If you are barred from recovering damages from the defendant and have no insurance of your own, you have no coverage for your injuries. You could end up paying all your expenses out of pocket. Talk to a Prince George County car accident attorney for help.
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Uninsured Drivers: The Basics
What happens after youre in a car accident will be determined by whether you live in a fault state or no-fault state. Fault states are also called tort states.
Fault Systems by State
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Youre Injured In Your Car While It’s Parked
Weve covered the main situations for damage to your car above.
What if youre hurt in the parked car? Seek medical care immediately. If the injury is something minor, you can still take care of it out of pocket with the driver.
We recommend you consider filing a claim because some types of injuries, such as whiplash, may not show up until later down the road.
Future medical problems may arise that you cant foresee on the spot. If you have the other drivers insurance information, you can file under their bodily injury liability.
Otherwise, you could file under your:
- Personal injury protection
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If You Got Into A Car Accident Without Insurance And Were Not At Fault Let Us Help You
Every car accident is different. There are many factors that determine your level of liability, and that liability could be diminished, depending on the circumstances. In addition, well look for ways to have all of your expenses covered.
At Carey, Leisure & Neal, we have over three decades of combined experience successfully representing clients involved in car accidents. All of our Florida car accident attorneys are accessible and Board Certified in civil trial law. Contact us online or call us at to schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.
What Is Collision Insurance
Collision insurance is a type of coverage that pays for repairs when your car sustains a collision with another car or a stationary object, such as a fence or light post. According to Insure.com, collision insurance typically covers damage to your vehicle that is a result of:
- An accident where you’re at fault.
- A collision with an object.
- A single-car accident, such as a roll-over.
- An uninsured driver hitting your car
Let’s say you’re in a fender bender. If you have collision coverage, it will pay for any necessary repairs. As Insure.com states, it doesn’t matter if you’re at fault or the other driver is at fault. Your collision insurance will take care of your vehicle. While collision coverage isn’t mandated by state law, your auto lender or leasing company may require you to carry it.
NerdWallet points out if you’re in an accident and the other driver is clearly at fault, you should file a claim with their insurance company. The other driver’s property damage liability insurance should pay for the damage to your vehicle. Every state but New Hampshire mandates that drivers carry some amount of liability coverage.
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What To Do When Someone Hits Your Parked Car
If someone hits your parked car and remains at the scene, treat this as any other car accident, and follow the steps listed below. If the other driver leaves a note, or worse, escapes the scene, search for as much evidence as possible so that you can be reimbursed by your insurance company.
Fortunately, if you have collision coverage or uninsured motorist property damage coverage, youll be covered by your car insurance policy.
Should I Handle My Accident Without Insurance
There are a lot of considerations when figuring out how youre going to handle a car accident. But you do have some time to think it through.
If you can avoid the insurance company, you dont have to worry about your premium rate increasing if you were at fault for the accident. Thats usually what most people who settle privately are aiming to avoid each time youre at fault for an accident, your insurance goes up a higher percentage. And, if it happens too often, you could become uninsurable. An accident claim could result in a rate increase of 20 to 40 percent.
An insurance carrier often uses a driving violation as justification for raising your premium rate. If youve had several claims, traffic tickets, or accidents in the past 3 years, youre likely to see an increase in your insurance rate.
If you and the other driver agree to settle without insurance and then the damages are more money than you thought, it could be too late to file an insurance claim if the accident wasnt reported. What appears to be a small amount of damage could amount to thousands of dollars that youd then need to pay out of pocket.
Using insurance rather than dealing with a car accident privately can save you a lot of headaches. You never know what the other driver is going to do once you leave the scene. They might go home, speak with a spouse or friend, and then decide that they want more money than you think is fair.
Enjuris tip:
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What Happens If You Get Into A Car Accident With No Insurance In Tennessee
Insurance has no impact on determining fault after a car accident. The person who caused the car accident is liable for damages regardless of whether they have insurance. If you are more than 50% at fault for a car accident with no insurance then expect to pay for the other drivers damages and your own losses out of your pocket. Further, driving without car insurance in the state of Tennessee is a Class A misdemeanor if you are involved in an auto accident that results in bodily injury or death. Penalties include fines up to $2,500 and a jail sentence of up to one year.
A car accident with no insurance makes a bad situation worse. As a Car Accident Lawyer George Angelopoulos represents those with and without insurance. Time following a car wreck is critical. Gathering evidence to prove fault is important. Reversing an initial liability decision is not easy. Failing to establish liability will have a long term consequences. If you are found at fault you owe damages and possibly legal bills from a defense lawyer. 615 Lawyer does not send personal injury clients a bill. Fees are contingent on winning. Call 615-422-7171 or tell George what happened to get advice after a car accident without insurance.
How Auto Insurance Covers A Crash Into Your Parked Car
Heres what you can do if you decide to go with insurance instead of getting cash from the other driver, in our recommended order:
File with the other drivers property damage liability coverage and, if you’re hurt, bodily injury liability .
- If youre able to cover your own repairs upfront, consider putting in whats called a third-party claim for the damage to your car.
- The downside is that itll take longer to get your money back because the other company will launch an investigation to determine fault.
- This keeps claims filings off of your record, which then prevents your insurer from raising rates because of the accident .
File with your insurance companys uninsured motorist property damage .
- This is a rarer coverage, but it allows you to recover damages and repair costs with a potentially lower deductible if the driver was found and uninsured.
- Note that your insurer will require a police report, and they may conduct an investigation, which will take time.
- Even though the accident was not your fault, your rates might still go up after because of the very act of filing a claim.
File a claim with the collision portion of your auto insurance coverage .
Note that comprehensive coverage does not cover another car striking your unattended car, which can be frustrating if you dont have collision or your comprehensive deductible is lower. Comprehensive is used more for natural disasters and theft or vandalism.
Reporting claims at the top four insurers
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