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.

Every state in the U.S. requires drivers to provide evidence of financial responsibility before getting behind the wheel of a vehicle. Most of the time, this proof of financial responsibility means proof of insurance coverage in the minimum amounts required by law. State lawmakers require this so that if an accident occurs and an at-fault driver injures or kills someone or damages their property, the victim can receive money for their accident-related expenses. It sounds relatively simple and straightforward, as it should be.

Call 1-800-THE-LAW2 to get in touch with an experienced auto accident attorney who can help you secure compensation and battle insurance companies.

Tricks Insurance Companies Use

However, insurance companies like to complicate the matter. Why? Because while the very nature of their business is fairly paying car accident claims, doing so doesn’t serve their financial goals.

How Do Insurance Companies Make Money?

Just like any other business, they exist to make money. The more they spend on car accident claims, the less they have in their bank accounts. One of their solutions to this dilemma is to use tricks and tactics that entice car accident victims to settle for less than their claim is worth.

4 Most Common Tactics Insurance Companies Use

Anyone filing a car insurance claim after an accident, no matter how big or small, should be aware of these unfair and often unethical practices. They should also have an experienced car accident lawyer on their side who can help identify and eliminate these tactics. So how do insurance companies try to trick you? Here are four of their most common tactics:

Swoop and Settle
Recorded Statement
Denying Your Claim
Asking for Additional and Unrelated Medical Records

The Swoop and Settle

Do insurance companies want to settle quickly? Of course, they do, but not for the same reasons you do. You want to settle quickly to pay your bills, make up for lost wages, and move on with your life. They want to settle quickly so that car accident victims don’t have the chance to meet with an auto accident lawyer to learn what their case is really worth or before they have time to realize the full extent of their injuries.

They want to swoop in, sometimes within days of filing your claim, make you a quick offer, and have you accept. This way, you don’t know that the offer they presented you with was extremely low compared to what you could receive with a lawyer on your side. Once you accept and sign their offer, there’s usually no going back. Don’t accept any settlement offer from the insurance adjuster without speaking to a seasoned car accident attorney. It’s also important to note that you can counter-offer their settlement, but this is usually also best done with an attorney who knows the strengths and weaknesses of your claim.

The Recorded Statement

When the insurance adjuster calls to speak with you about the accident, they will typically ask your permission to record your statement and answers to their questions. They may make it seem like it’s a requirement or that they can’t process your claim without doing so. However, this isn’t true. You don’t have to agree to or provide a recorded statement. Instead, tell them you are going to discuss your case with an auto accident lawyer first.

By asking for a recorded statement, they can use what you say against you. They can also ask you leading questions, such as:

“You didn’t see the car coming because you were looking down at your cell phone, right?”
“You were driving home after a long night shift, right?”

Or they may even just twist what you say. It’s best to hire an auto accident attorney who will speak to the insurance adjuster on your behalf.

Delaying Your Claim

Another common car insurance company tactic is to simply delay your claim. You file your claim as soon as possible after the accident, and then it seems like nothing is happening. You call to check on the status of your claim, and the adjuster gives you the runaround or other excuses. It’s their hope that you get tired of waiting for them to process your claim, forget about it, and move on or simply agree to settle for less.

What To Do If the Insurance Company Is Stalling

When you have legal representation, the insurance company knows they can’t get away with these delays. Your attorney will ensure that there are no unnecessary delays.

Asking for Additional and Unrelated Medical Records

The insurance company has a right to see the medical bills and records for which you are asking reimbursement or compensation. They don’t automatically have the right to see your medical records for any dates preceding the car accident. If they get ahold of such information, they could try to use it against you. So, for example, if you sent them medical records from an old back injury, they might try to say your pain and symptoms now can’t be from the car accident you just experienced but rather because of your old back injury. They will use this trick to try to deny or decrease the value of your claim.

The insurance adjuster may also ask for additional records or information they already have just to delay your claim further.

In a Car Accident? Don’t Fall for Insurance Company Tricks, Hire an Experienced Attorney Instead

Anytime an insurance company can poke holes in your case and twist your words, they will do so.  It benefits them to weaken your claim and get you to settle for less, or even to reject it outright. 

With the help of a qualified motor vehicle accident attorney, you can avoid falling for insurance company tricks.  Attorneys are committed to helping you obtain the monetary compensation you deserve for your injuries and damages. 

Call 1-800-THE-LAW2 to get in touch with an experienced auto accident attorney who can help you secure compensation and battle the insurers.  Consultation is free and confidential, so there’s no barrier to getting started!

Tag: insurance

What to Do After a Car Accident with No Insurance