What happens when an uninsured driver causes an accident?

On Behalf of | Apr 13, 2021 | Car Accidents

Liability-based insurance places the responsibility for a crash on the person who causes it. When a police officer responding to a crash or an insurance company assigns fault for the collision to a specific person, that individual’s car insurance will pay for the medical costs of anyone hurt and the property damage of other people involved in a crash.

The liability insurance system benefits those with responsible driving habits because they won’t have to worry about their insurance premium increasing when someone else is the one who causes a collision. The downside to the system is that the drivers who didn’t cause the crash are at the mercy of the person who did for insurance purposes. What happens if that driver doesn’t have any insurance?

You may be able to make a claim against your own policy

If you don’t just carry the lowest amount of insurance possible but rather the best amount of protection for your needs, you probably have uninsured and underinsured driver protections on your policy. This kind of insurance gives you the opportunity to make a claim if someone without active coverage hurts you or damages your vehicle.

Uninsured driver coverage is exactly what could protect you from a driver too irresponsible to maintain their own coverage. Unfortunately, as with any other insurance claim, making an uninsured driver claim against their own policy will inevitably drive up the rates that you pay. You may want to look at holding the other driver responsible before you use your insurance. 

You can file a civil suit against the driver without insurance

People who suffer injuries or property damage caused by another person typically have the right task for compensation. Personal injury claims often require that someone either was negligent or engaged in wrongful behavior that led to someone else’s losses.

Failing to carry insurance is negligent, but it is also a wrongful act because state laws mandate coverage. You can potentially take the driver who hurt you or smashed up your car to court and secure a judgment that orders them to reimburse you for your losses. A personal injury lawsuit can take more time than an insurance claim, but it’s the fault clearly on the person responsible, rather than passing the expense on to you.

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