What Happens If You Have No Insurance But the Other Driver Was At Fault?
July 24, 2024
Car accidents can be stressful and scary, and they have the potential to cause serious injuries and property damage. However, it can be even more confusing to figure out what to do if you don’t have auto insurance—even if the other driver caused the crash.
Florida has a high rate of uninsured drivers, and you may be among them. If you are not covered by an insurance company, you may be wondering what happens if you have no insurance but the other driver was at fault.
Lewis & Castagliola, P.A. is a law firm with experienced car accident attorneys who can help you protect your legal rights and pursue legal action against the at-fault driver. In this blog post, we discuss what to do in a car accident without insurance in Florida and provide guidance on your next steps.
Understanding Liability and Fault in a Car Accident Without Insurance
The state of Florida is a no-fault state for car accidents. Simply put, this means that your own insurance company and liability insurance coverage will pay a portion of your losses. However, when you’re in a car accident without insurance, you can file a personal injury lawsuit against the liable driver.
The key is that you must be able to prove that they were at fault for the car accident. You will need to present evidence that they are responsible for your injuries and damages. This can be done with the accident report from the police, photos and videos of the accident scene, witness accounts, and surveillance footage.
A driver is typically considered at fault when you can prove they were drunk or distracted. They may also have made certain driving maneuvers that caused your car accident, such as rear-ending your vehicle, speeding, driving recklessly, or T-boning your car.
Typically, there are legal penalties for uninsured drivers, which makes it essential to speak with a personal injury attorney who can provide legal representation for car accident victims. A car accident lawyer can guide you on what to do after a car accident without insurance during a free case evaluation.
Legal Consequences of Driving Without Car Insurance in Florida
Every Florida driver is required to have car insurance coverage. As a no-fault state, Florida law states that you must have personal injury protection car insurance coverage. The insurance coverage starts at a minimum requirement of $10,000. Often, this is not enough insurance when serious injuries arise.
Most insurers encourage uninsured motorist coverage to protect yourself, though uninsured or underinsured driver coverage is not required by the state. If you were the uninsured driver in this car accident, you should know that it’s considered a minor traffic violation. You may face license suspension from the Florida Department of Highway Safety and Motor Vehicles for not having your motor vehicle registered and may need to pay a reinstatement fee for this violation.
Uninsured motorist coverage is optional in Florida, and this coverage can protect a driver from the unexpected costs of an accident with an uninsured driver. With uninsured motorist coverage, a driver can protect themselves and any passengers who are injured. It covers bills for medical treatment and expenses for ongoing or future medical care. This coverage does not compensate for property damage. Underinsured motorist coverage works similarly, stepping in when a driver lacks enough coverage to pay for the damages.
It does not matter if you accidentally forgot to contact your insurance company to renew your car insurance or if you’ve fallen on hard times and couldn’t pay the premium due to financial burden. Without insurance in Florida, you could face hefty fines as an uninsured driver. The good news is that you may be able to recover your financial losses from the at-fault driver.
Meeting the Requirements for Florida’s Serious Injury Threshold
If you do not have car insurance and the other driver caused your injury, you may be able to file a claim regardless. Florida law allows you to file a lawsuit against an at-fault driver if your injuries can be shown to meet certain criteria.
Injuries that cause permanent damage, significant or permanent loss of function, scarring, disfigurement, or death meet these requirements for the threshold. This means that even if you do not have coverage from an insurance company and another driver caused the accident, you can seek compensation.
Options for Recovering Compensation from an At-Fault Driver or Their Insurance Company
If you meet the requirements mentioned above after your car accident, you have options to recover compensation from the at-fault driver or their insurance company. In car accidents with these types of complexities, it’s always best to have a personal injury attorney who can help you navigate the legal process.
Filing a claim against the party involved without having collision coverage yourself requires expertise and understanding of the laws that only a personal injury lawyer will know. In court, your lack of liability auto coverage is bound to come under scrutiny. Still, if another driver caused the accident, your standing with the insurance company should not have much bearing on the case.
While it won’t cover any of the damages from your accident, it may be wise to contact an insurance company and purchase a policy to ensure you have protection going forward. This may show the court that you understand the need for insurance, and you may be able to avoid penalties for driving uninsured.
Steps to Take If You Have No Insurance But the Other Driver Caused the Car Accident
Whether you are an uninsured driver or not, the steps you must take after a car accident are similar.
File a Police Report
After an auto accident that causes significant property damage, injuries, or fatalities, you must contact the police. While on the accident scene, the officers will assess the situation and create a police report. Do not leave the scene out of fear of being an uninsured driver as it can go from a minor traffic violation to a serious crime, known as a hit-and-run.
Get Medical Attention
You may not think you’re injured due to the shock of the crash, or you may be worried about paying medical bills. Regardless, it’s essential to get the medical care you need. Medical expenses can be covered by the driver who caused the crash if you have been seriously hurt. Neglecting to get the care you need is never the answer as your injuries could worsen and become life-threatening.
Collect Evidence
After a motor vehicle crash, you will want to capture evidence that proves you are not to blame. You should take photos and videos of where the cars are on the road. Talking to witnesses can also help your lawsuit against the at-fault party.
Exchange Information
You are legally required to exchange information with every driver involved in the accident. You should get the at-fault driver’s policy information as well as their contact and driver’s license information.
Get a Free Case Evaluation from a Car Accident Attorney
All of your medical bills and medical expenses plus your lost wages, future earning capacity, and vehicle repairs are bound to set you back. If you did not cause the accident but you don’t have insurance, it can be a challenging situation. Despite these challenges, a personal injury attorney can help you seek compensation for your injuries and financial losses, even if you’re uninsured.
Preventative Measures to Protect Your Legal Rights as a Florida Driver
Auto insurance is required for every driver in Florida to protect you in the event of a crash. You may face the loss of your driver’s license for failing to keep your coverage in place. Additionally, in an accident, your insurance can cover medical bills and all medical expenses while providing a lifeline if you experience lost wages from your injuries.
It’s in your best interests to make sure you are covered by your insurer. Sometimes, you might forget to send your payment or be going through hard times. You must communicate with your insurance company to avoid a lapse that could put you in an even worse situation.
A great way to prevent losing your coverage is to set up automated payments. Most insurers provide this option, which ensures you pay on time every time. However, if you are struggling to cover the remaining costs of your policy, it’s best to talk to your insurer and find out the options you have for maintaining coverage.
How an Attorney Can Help You If You Have No Insurance and Are Hit By Another Driver
Your medical bills, vehicle repairs, and lost wages may put you in a precarious position after your accident. It could worsen an already difficult financial situation for you. The parties involved may have insurance, but if you don’t, the at-fault party is still responsible for your losses.
Your insurance standing or lack thereof did not cause the accident. With the help of an attorney, you can prove that the other driver failed to uphold their duty of care to you on the road. Failing to uphold this duty caused the accident that led to your injuries and damages, allowing you to fight for compensation under personal injury law.
It’s a tricky situation, and while you should make sure you’re covered by insurance, a lawyer can help protect your legal rights. Lewis & Castagliola, P.A. can assist you in this type of scenario by providing legal advice and guidance on insurance disputes and issues.
You will have the aggressive representation you need during all court proceedings. A lawyer can maximize your compensation by properly analyzing every aspect. Your lack of insurance did not cause the accident, and when the other driver’s lawyer tries to blame you for not having coverage, we will fight back.
After getting the medical care you need for your injuries sustained, make sure you contact our law offices to schedule a free consultation. You can discuss the details of your case and find out what steps to take moving forward.
