Uninsured Drivers in Both Cars at Time of Accident – What Happens?
November 13, 2019
In some motor vehicle accidents, both or all drivers involved in the accident may be driving without auto insurance. In this case, the injured party or parties who were not primarily responsible for the accident may have to file a personal injury claim to recover compensation for medical bills or loss of income due to work missed because of injuries.
Why a Driver May Be Uninsured
There may be many reasons why a driver is behind the wheel without insurance. For example, a driver may not have a driver’s license, which is required to purchase auto insurance. Or, a driver may have numerous traffic infractions that have made obtaining auto insurance prohibitively expensive. Or, a driver may have other factors in their background that may cause insurance companies to refuse to extend coverage.
What Happens If an Uninsured Driver Tries to Resolve the Claim at the Accident Scene
When a person without auto insurance is involved in a motor vehicle accident, they may try to offer the other party or parties in the accident cash to avoid involving the police or lawyers. Before accepting any money from the uninsured driver or any other offer of settlement, it is important to consult with an attorney to understand your rights and options. For example, if you are injured in a motor vehicle accident, you may be able to seek compensation for your medical expenses from your own health insurance or from personal injury protection coverage under your own auto insurance policy. You may be able to obtain compensation for other expenses if you have uninsured motorist coverage under your own auto insurance policy.
A lawyer will be able to investigate the other uninsured driver to determine whether they have income or assets that may make it worthwhile to assert a personal injury or property claim against the driver. It is important that auto insurance merely provides a source of funds that can pay a settlement or judgment on a personal injury or property claim. Without insurance, the at-fault driver is still liable to an injured party for their damages.
Pursuing a Legal Claim Without Insurance
If the at-fault driver, or both you and the at-fault driver, are without auto insurance, it becomes especially important to have representation from legal counsel if you wish to pursue a claim for compensation for medical expenses, lost wages, or damage to your vehicle. Without insurance, determining fault becomes particularly important. An experienced motor vehicle accident attorney can investigate your accident to determine which party was likely at fault for the accident. Your ability to succeed on a legal claim may depend on whether you can prove under state law that the other party was responsible for the accident.
If the evidence supports your claim that the other uninsured driver was at fault for the accident, you may be able to negotiate a settlement with that driver wherein the driver compensates you for your losses out of his or her own income or assets. Thus, it is sometimes possible to resolve legal claims arising from a motor vehicle accident when one or more drivers involved in the accident are uninsured.
Contact a Pompano Beach Personal Injury Lawyer to Discuss Your Car Accident Case in Florida
Did you or a loved one sustain serious injuries due to a car accident in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Gonzalez & Cartwright, P.A. represent clients injured because of car accidents in Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, and throughout Florida. Call 561-268-0543 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 813 Lucerne Ave., Lake Worth, FL 33460, as well as offices in Pompano Beach.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.