What to Do After a Car Accident with No Insurance
If you’ve been in a car accident with no insurance — that is, if the driver responsible for the crash is not insured — then you may be wondering what options you have for recovering compensation. Navigating these sorts of disputes can be rather tricky, as (in order to secure the maximum amount of damages) they require that you strategically tap into different sources of compensation.
One of the significant financial implications of being in a car accident with no insurance is the burden of medical costs.
That’s why it’s so important that you work with an experienced personal injury lawyer when involved in a car accident with no insurance. Here at 1-800-THE-LAW2, we can help connect you. Contact us today to get started with a free consultation with qualified legal representation.
That being said, if you’re interested in learning a bit more, first, then read on! We’ll discuss some basic strategic issues that you’re likely to encounter as you move forward with your injury dispute.
What happens if the person who crashed into my car is an uninsured driver?
If you get into a car accident with no car insurance (i.e., the person who crashed into your car doesn’t have car insurance, or doesn’t have adequate car insurance coverage to pay out for your losses in full), then you can’t expect to receive proper compensation from a lawsuit against that individual. While most states require car insurance, there are exceptions like New Hampshire and Virginia where drivers are not legally mandated to carry car insurance. It may seem unfair, but they simply won’t have the funds necessary to cover your damages.
Instead, you’ll have to explore alternative means of securing compensation, either through accessing uninsured motorist coverage (or underinsured motorist coverage) with your own insurance company, or through suing other defendants who have the coverage/funds necessary to pay out your losses.
Uninsured / Underinsured Coverage and how it helps
If you can’t get paid in full for your losses by suing the driver responsible for the accident (and your subsequent injuries), then you can explore the possibility of accessing your own insurance coverage — specifically, uninsured motorist coverage or underinsured motorist coverage (UM/UIM).
UM/UIM is accessible when the driver responsible for your accident does not have adequate insurance to cover your losses. They might even “have” insurance, but it could be a minor policy that isn’t sufficient to pay out your damages in full. That’s where UM/UIM comes into play.
You may have a UM/UIM policy and not realize it — so consult your attorney and pore over the details of your insurance policy contract with them. There may be details that can help you strategize over how to submit the claim so as to reduce the likelihood that your insurance provider rejects the claim, or underpays you for it.
Who can you sue for damages besides the other driver?
Given that your damages will be limited if you try suing the uninsured/underinsured driver, you’ll want to explore the possibility of suing other defendants who have adequate insurance coverage and can therefore cover your losses.
These defendants may include:
- The employer of the driver who caused your accident
- Any other drivers who contributed to your accident
- Any product manufacturers (i.e., the auto manufacturer) whose defective parts contributed to your accident
- The City, if some dangerous condition of the roadway or adjacent property contributed to your accident
- Private property owners, if some dangerous condition of their property contributed to your accident
- Medical professionals whose negligence contributed to your injuries or otherwise exacerbated them
- And more
For example, thanks to the doctrine of “vicarious liability,” you may be entitled to sue the employer of the driver who hit you — if the driver was negligent and was on the job at the time of the accident. This gives you access to a deep pockets defendant with the sort of substantial insurance coverage necessary to pay out your losses in full.
How much can I sue for medical expenses after my car accident?
After a car accident without insurance (i.e., the driver who hit you doesn’t have auto insurance coverage), you can sue for a variety of losses that you sustained as a result — and in fact, these damages apply whether or not you’ve been involved in an accident with uninsured drivers. The claimable damages cover losses that include:
- Lost wages
- Loss of earning capacity
- Loss of property (i.e., repair and replacement costs for your vehicle)
- Medical expenses (i.e., medical bills for medical treatment)
- Pain and suffering
- Loss of companionship
- Loss of enjoyment of life
- And more
Financial and legal consequences naturally follow in a bodily injury liability dispute. So yes, you can claim damages regardless of the other driver’s access to car insurance. That being said, your ability to “recover” those damages as compensation will vary depending on the car insurance coverage that they have (and the other defendants that you can sue, for example).
Insurance companies tend to be rather difficult to work with when offering payouts, so you can expect that to be its own challenge, for which you’ll want the assistance of an experienced auto accident attorney who understands how to pressure the insurance team.
What if I’m partially at-fault for the accident? Can I still be compensated?
If you’re partially at-fault for an accident, then you could potentially still be compensated depending on the state law that applies to your dispute, and the particular circumstances surrounding the accident.
Across the United States, there are three different doctrines that apply when it comes to partial fault:
Some states apply the “pure comparative fault” doctrine. Under pure comparative fault, you can be 99 percent at-fault, and still sue and recover compensation. That being said, your recovery will be reduced by your percentage contribution of fault. So, for example, if you are 70 percent at-fault, then your $100,000 damages claim will result in a $30,000 recovery.
Some states apply the “modified comparative fault” doctrine. Under modified comparative fault, you can be up to 50 percent at-fault, and still sue and recover compensation. As with pure comparative fault, your payout will be reduced by your percentage contribution of fault. Worth noting: if you’re 51 percent at-fault (or more), then you are restricted from obtaining compensation entirely.
In a small minority of states, the doctrine of “strict contributory fault” is applied. Under strict contributory fault, you cannot sue and recover compensation if you are partially at-fault for the accident — yes, even 1 percent is enough to prevent a lawsuit. Worth noting: though this can seem very restrictive, experienced attorneys understand how to navigate the challenge by exploring ways to argue about causality (i.e., that your negligence was not causally linked to the accident claim you are making).
Don’t disclose sensitive information to your insurer until you’ve spoken to an attorney
Listen: insurance companies are not your ally. That can be shocking to hear. After all, we’ve been taught — thanks to decades of advertising — that the insurance company is “like a good neighbor,” and is there to serve our needs. The truth, however, is that insurers have a set of incentives that are directly opposing yours.
Insurers make greater profits when they are able to reject claims or otherwise underpay legitimate claimants. To that end, these companies have their insurance adjusters talk to claimants after an accident in the hopes that you — the claimant — will disclose sensitive information that could be used to undermine your claim later on.
For example, if you admit to the insurance adjuster that you were speeding at the time of the accident, then that disclosure could be used to reject your claim (or underpay you), even if the nuanced reality is that your speeding had nothing to do with the actual collision (i.e., it was a side-collision accident that was not caused by you).
Instead of talking to the insurer on your own, consult a qualified personal injury lawyer who can communicate on your behalf with the insurer and their adjusters. They’ll know how to approach the discussion so as to not make any sensitive disclosures that could undermine your claims.
How much does it cost to hire a car accident lawyer to represent me?
Many people are surprised to learn that hiring a car accident lawyer doesn’t have to cost you anything upfront or out-of-pocket! In fact, most plaintiffs’-side personal injury attorneys work on a contingency fee basis. This means that they don’t get paid until (and unless) you get paid compensation. If you don’t get a payout, then you don’t have to pay them anything.
In the event that your attorney does secure compensation on your behalf, they will take a percentage cut of that — it can vary from 25 percent at the low end to 40 percent (or more) at the high end, depending on a number of different factors.
Contingency fee arrangements lower the barrier-to-entry for bringing a lawsuit. Thanks to contingency fee dynamics, you can have no money at all and still work with an experienced attorney who will fight relentlessly on your behalf. Further, these dynamics incentivize the attorney to work efficiently and effectively to maximize your total compensation — that’s because the more you get paid, the more they get paid.
It’s a win-win.
Contact 1-800-THE-LAW2 for a Free Legal Consultation
If you’ve been injured in a car accident with no insurance (i.e., the defendant is an uninsured driver or is an underinsured driver), then you could be facing a unique path to securing the full damages that you’re entitled to under the law. We encourage you to connect with experienced personal injury lawyers who can help you navigate these complexities.
Contact 1-800-THE-LAW for a free legal consultation with one of the skilled local car accident attorneys in our network. During this initial consultation, you’ll have the opportunity to discuss your case in detail, and to learn about the strategic options that are available to you given the circumstances. Of course, if you decide against moving forward with your case, or with our network attorney, that’s okay, too — there’s no obligation to continue. So pick up the phone and call us today to get started!
We look forward to assisting you.
