What Happens When You Get in a Car Accident & the Other Person Doesn't Have Insurance?
If you get into a car accident and the other driver doesn't have liability insurance, you will not have the opportunity to file an insurance claim against the other driver for car repairs or personal injuries. The easiest recourse is to file claims under your car insurance policy, if you purchased the appropriate coverage with your carrier.
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Vehicle Repairs
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When the other driver doesn't carry liability auto insurance, review your auto policy for collision coverage. Carrying this optional coverage affords the opportunity to have your auto insurance cover the repairs to your car, subject to a deductible. Also, check to see if you purchased rental coverage, which provides a temporary vehicle through a rental agency while your car is in the body shop.
Doctor Visits
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If you are hurt in a car accident, you may need to seek medical attention for your injuries. The laws differ from state to state on which insurance coverage pays first -- Medical Pay or Personal Injury Protection under your auto policy or your primary health coverage through your employer. Review your policy to see if you carry this coverage, and if you do, contact your agent or insurance company and find out which coverage pays first in your state. If you do not carry MP or PIP coverage under your auto policy, you will have to look to your primary health care coverage as the sole insurance for medical treatment, subject to co-pays and deductibles if your plan carries these features.
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Uninsured Motorist Coverage
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Under the typical claims process, you have the option to file a bodily injury liability claim against the other driver's insurance company. Because that insurance doesn't exist, check your auto policy for uninsured motorist coverage. UM provides an alternative avenue of insurance, only when the other driver doesn't have liability insurance. You may file a bodily injury claim under this coverage and collect compensation for injuries, lost earnings and any medical bills not covered by another source of insurance.
Personal Lawsuit
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Your auto insurance may not contain collision or uninsured motorist coverage. If this is your situation, consider a personal lawsuit against the other driver. However, this is fraught with challenges, and you should discuss whether a lawsuit is worth your time and money with an attorney. Even if you secure a judgment against the other driver, it may be a difficult time collecting the judgment, if the other driver doesn't have assets or a job to pay the judgment.
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References
- Auto Insurance Tips: Collision Coverage: What is Covered by Collision Coverage and When Should You Have It
- The Truth About Insurance: What is Medpay Insurance
- Insure: The Benefits of Uninsured/Underinsured Motorist Insurance
- Car Accident Attorneys: Suing an Uninsured Motorist for An Accident if They Have No Assets
- Photo Credit car talk image by Ivanna Buldakova from Fotolia.com
