In no-fault insurance states where you have to rely on your own insurance you could be out of luck if your injuries do not qualify you for a lawsuit.
What happens if the person at fault has no insurance. If you were the at-fault driver in the accident and you dont have insurance youll have to pay out of pocket for any damage or injuries you caused even though you dont have coverage the other driver has the right to recover damages from you meaning they can sue. The at-fault drivers insurer may tell you to seek payment from your own insurer because it has no evidence of its policyholders fault. If you get hit by someone without insurance your cars damages arent covered.
In this case you might not be able to sue the other driver. If the at-fault party does not have car insurance you can file a compensation claim with your insurance company or file a lawsuit against the negligent party. The other scenario is when the underinsured motorists policy is not sufficient to cover your vehicle repairs.
Although most states have made it illegal for an insurer to deny claims without reasonably investigating the facts or to deny claims when its liability is reasonably clear you may not want to fight the other persons insurance company. This is a tremendous breach of trust if not a breach of contract. Here in Australia assuming you are NOT at fault.
It will also provide coverage in the case that the at-fault driver cant be identified ie. Its also worth noting that driving without any car insurance driving an unregistered vehicle or not having proof of insurance could land you with expensive on the spot infringement notice fines and demerit points with fine terms varying in each state. But theres nothing you can legally do.
Maybe its unfair but not-at-fault accidents can cause your rates to riseEverything depends on the policy of the insurance company for not-at-fault accidents and the law in your stateSome states forbid this act and prevent the insurance companies to raise your rates if you were part. If you were injured in a car accident talk to a lawyer about your case. At-Fault Drivers and Duty to Cooperate Unfortunately theres not much you can do when the at-fault driver refuses to cooperate with the insurance investigation.
It will provide additional coverage if the person who caused the accident doesnt have enough insurance or doesnt have insurance at all. Uninsured motorist coverage could help pay for your expenses if youre in an accident caused by someone without car insurance. We cannot always count on other drivers to be insured and it is important to know what your options are if you get into an accident with someone.