If you are a victim of a road traffic accident - whether you are a pedestrian other car user or are riding a cycle or motorbike - and where the accident was caused by the fault of another party who is uninsured it is possible to claim compensation via the Motor Insurance Bureau.
Are you automatically at fault if you don't have insurance. So if you live in a no-fault state and you dont have insurance even if youre at fault for the accident the other driver probably cant name you as a defendant in a lawsuit and seek compensation directly from you. Always remember that insurance policies dont punish people for encountering hardships that they have not caused. In fact some states make it illegal for insurance companies to raise insurance rates after a collision where you were not at fault.
Avvo has 97 of all lawyers in the US. Enjuris tipIf youre at fault for a car accident and judgment is entered against you and most importantly you dont have insurance you will be expected to pay damages even if its paid out of pocket or taken from your wages. Youre subject to pay for any damages sustained out-of-pocket.
If you reside in a no-fault auto insurance state then you might not be able to file an option. Car insurance will cover legal fees but if youre uninsured that would also be an out-of-pocket expense. In this case both drivers NCB could be affected.
Am I automatically at Fault if I dont have Insurance. This will leave your NCB intact. Fully comprehensive insurance covers you for all types of damage to your vehicle and medical treatment for injuries whether or not youre at fault.
The other driver will file a claim with their insurance company. If the accident was the other drivers fault you would normally be entitled to claim under their third-party insurance policy. After a car accident you can typically be sued for three reasons.
In cases where fault cant be agreed on insurers may split the cost of the claims. If the accident wasnt your fault you can use a credit hire company instead of making a claim through your insurance company. Youre only covered if youve got uninsured motorist coverage UIM or collision coverage added to your auto insurance policy.