Are you involved in a car accident due to another driver’s fault but you have no insurance? You might be wondering what I should do or whether I can recover damages or not. Tons of questions will be hammering your mind in this situation. So, no matter what question you have in mind, today I am planning to shed light on this question -what happens if you have no insurance but the other driver was at fault?
Short answer: You can still recover damages from the at-fault driver and file for compensation but first of all:
You will face the following consequences:
If you are a car driver and don’t have auto insurance, then you will be held responsible for breaking the law. It’s mandatory to have car insurance. Even though you didn’t cause the accident and you were not at fault yet you showed responsibility by driving a car without any insurance coverage.
What will happen to you when you drive a car without insurance?
You will face the penalty depending on your state laws. The nature of the penalty varies from one state to another. For example, if you are in Alabama then you will pay a $500 fine because you broke a law by not having auto insurance. This fine is for your first conviction, if it’s your second time encountering an accident, even when you are not at fault, your fine amount will be doubled i.e. $1000 and your driving license will be suspended.
In other states, you will face other penalties such as authorities revoking your car registration or pulling your license plates.
You need to contact an attorney to understand what kind of consequence you will face as per your state law. This expert will guide you about your next course of action regarding your situation.
At-Fault Law State
Now you understand that you will be held responsible for this accident but it doesn’t mean that the responsible party can go free. Here is what you can do and expect from a car accident where you have no insurance and the other party is at fault.
Since you don’t have auto insurance, you will wonder who will pay for my medical bill or car repair expense. Well, the answer varies from one state to another.
Let’s say it all happens in Ohio- it is an at-fault insurance state. It means that the driver who caused the accident will provide coverage for all the damage. You can file a personal injury claim and also a liability insurance claim against an at-fault driver.
As far as recovering the compensation is concerned, you can get coverage for the following types of damages such as current/future medical bills, property damage, pain/ suffering, car repair/maintenance charge4, lost wages and reduced earning capacity.
No Pay, No Play State Law
Now another situation is when this accident occurs in a state where they have “No Pay, No Play”. In this case, a driver who doesn’t carry mandatory auto liability insurance faces additional consequences. An uninsured car driver can’t recover the full value of any auto insurance claim they file during any collision. For example, if this accident happens in Louisiana, you are prohibited from getting the first $25,000 of property damage and the first $15,0000 from your personal injury compensation
Again, different states penalize uninsured drivers in different manners. You need to consult with your attorney to get a clear picture of your unique position and situation.
Wrap up
You encountered an accident where you didn’t cause the crash but it was due to another person’s fault. Now you are wondering about your options. The first thing that you will face is the consequences. Every state requires mandatory auto liability insurance, not carrying one means breaking the law and facing the penalty. As far as holding at-fault drivers accountable is concerned, you can go for it. In the at-law state, you recover full compensation, but in No Pay, No Play states, you can expect limited compensation. It means you will cover some expenses out of your pocket. Involved in an accident but not at fault? Understand your rights & consequences. Consult with Matrix-Insurance at (706) 310-0000 for expert advice.