Car accidents can be frightening, traumatic experiences for victims. But what if you were injured in a car accident and neither party had insurance. How will you be compensated for your injuries without first filing an insurance claim? Victims should have access to damages, regardless of whether or not they have valid car insurance.
Not having car insurance at the time of an accident won’t always affect your right to receive damages but could delay the process. That depends on the state where you live. Because of the No Pay, No Play rules in some no-fault states, it’s particularly difficult for victims without car insurance to receive compensation after an accident. In at-fault states, it can be easier to assign responsibility for an accident if neither party has insurance. It all depends on where you live and the car insurance laws of your state.
The New Jersey car accident attorneys at Legal Care are dedicated to fighting for victims’ rights. Our team of experienced lawyers can help you receive damages after an accident where neither party had car insurance. For a free consultation, call the Newark, NJ Bicycle Accident Lawyer at Legal Care today at (732) 838-9769.
Who Is Responsible for an Accident if Neither Party Has Car Insurance?
The person responsible for an accident if neither party has car insurance depends on the state where the accident occurred. States either have fault or no-fault insurance laws when it comes to car accidents. If neither party involved in an accident has car insurance, the steps to receive compensation differ depending on your state’s fault laws.
Fault States
These states place blame on the driver whose actions resulted in an accident or injury to a victim. When an accident occurs in a fault state, the responsible driver’s insurance will attempt to cover the victim’s medical costs. If neither party has insurance in a fault state, only the driver who caused the accident would be affected. That’s because fault states allow victims to file a claim with the responsible driver’s insurance, which aims to compensate for a victim’s injuries.
It is possible that victims will be issued fines for not carrying valid insurance, depending on the state. However, if a negligent driver does not have car insurance at the time of an accident, they are still responsible. In that case, a victim can file a lawsuit against the driver who caused their injuries. If that driver does not have car insurance, they could become personally financially responsible for your expenses after a car accident.
No-Fault States
The rules in no-fault states are a bit different. In no-fault states, no one is initially responsible for a car accident. For example, in New Jersey, drivers can purchase personal protection insurance (PIP). This insurance covers medical costs and lost wages after a car accident, regardless of who was to blame. The purpose of no-fault laws is to prevent the need for lawsuits after an accident. With PIP insurance, victims can receive quick compensation for their injuries without suing the negligent driver.
So, it doesn’t matter if the other driver involved in a car accident doesn’t have car insurance in no-fault states. It will affect your ability to receive compensation if you don’t have car insurance, though. Without PIP, you might not get fast access to damages to pay your medical bills or compensate for lost wages. Depending on the severity of your injuries, you might be able to sue the negligent driver. Nevertheless, if you don’t have car insurance at the time of an accident in a no-fault state, collecting damages is delayed.
Some no-fault states have a No Pay, No Play rule. That means that failing to carry adequate car insurance can bar you from collecting damages. In some cases, you are barred from seeking pain and suffering damages and can only seek economic damages from a negligent driver. Economic damages refers to harms with a financial impact, like medical bills and lost wages. The experienced New Jersey personal injury lawyers at Legal Care, can help you receive damages in that situation. However, you most likely won’t be compensated for other damages, like pain and suffering.
Could I Be Responsible for a Car Accident if Neither Party Has Car Insurance?
In some no-fault states, the financial burden of an accident falls on victims without car insurance, not on the negligent driver. In New Jersey, for example, all drivers who operate vehicles have a responsibility to follow traffic regulations. Included in these rules are the laws regarding motor vehicle liability insurance. According to N.J.S.A § 39:6a-4.5, failing to maintain car insurance can result in fines and penalties and make it more difficult for victims to seek compensation.
Although the car accident attorneys at Legal Care can help if you’ve been injured in an accident without insurance, it’s best to carry viable coverage at all times. Not only can failure to maintain coverage affect your access to damages after an accident, but it can result in serious fines and penalties. You may even get your license suspended. Car insurance is a necessity in all states. In fault states, if you were responsible for an accident and didn’t have insurance, you’ll be financially liable for compensation in a lawsuit. In no-fault states, victims will have difficulty receiving damages quickly and may have to file a lawsuit to cover medical expenses and lost wages.
Regardless, all drivers involved in a car accident without insurance are partially liable in the sense that their failure to carry coverage can alter the means of compensation. However, victims without insurance in no-fault states still deserve the help of the experienced car accident attorneys at Legal Care. Sometimes, coverage plans can expire. Maybe you were about to renew coverage but unfortunately were injured in a car accident first. The world isn’t perfect, and mistakes happen. No one should lose their right to compensation after an accident because of lapsed car insurance.
If You Are in an Accident and Neither Party Has Car Insurance, Our Attorneys Can Help
Our team of experienced lawyers believes that all victims deserve compensation for their injuries, even if they sustained injuries in a car accident where neither party had insurance. For a free consultation, call the car accident attorneys at Legal Care today at (732) 838-9769.
