Your best-case scenario in a car accident is to have valid car insurance. The insurance coverage insulates you from any financial liability and covers your losses if an uninsured motorist has injured you. It can also provide a lawyer for your case. It is always recommended to seek legal assistance if you do not have car insurance.
Depending on if you are a potential plaintiff or a defendant, here is how your insurance coverage affects your ability to obtain compensation.
If You Are A Plaintiff
Most car accident cases are complicated, and it may not be clear if a single driver is at fault or multiple parties are to be partially blamed for the accident. If an injured driver is not at fault, they will usually recover compensation from the at-fault party’s insurance without depending on their own insurance. But if the other party is uninsured, then even though you are the plaintiff, you may have to recover compensation from your own insurance through the uninsured motorist coverage. If you are a plaintiff and both you and the other parties are uninsured, then the recovery options are limited.
If You Are A Defendant
If you are involved in a crash resulting from your fault, your auto insurance liability policy can help you hire legal counsel. All auto insurance policies have a duty to defend meaning, the insurance provider has the responsibility of hiring a lawyer to defend you against the claims that arise due to your accident. Besides, the insurance policies have a duty to indemnify, which means they are legally liable to pay for losses within the policy limits.
If you lack insurance coverage, you will have to pay for your own defense and are personally liable for covering the damages and injuries caused by the accident. In addition, if you are at-fault and driving without an insurance policy, the plaintiff may be able to obtain a verdict against you that can result in foreclosure, garnishment, or similar collection penalties.
Dangers of Driving Without A Valid Insurance
Most US states have financial responsibility laws requiring you to hold car insurance coverage or a substitute like a cash deposit with the licensing department when you are operating a private passenger vehicle. If you do not meet this requirement, your vehicle can be suspended, confiscated or you could receive a citation. Besides, if you are involved in an accident, you may face tremendous difficulties filing a compensation claim.
How Can A Good Car Accident Lawyer Help You?If the insurance carrier pays money owed by a negligent uninsured driver in car accident cases, they obtain the right to subrogation. Often, if the driver is uninsured, it is a sign that they lack the funds and could also be a target of subrogation lawsuits. If you are involved in an accident and are uninsured, it is imperative to hire a car accident lawyer. A skilled lawyer can review your case, help you understand your legal options, and fight for your rights. The lawyers at Ellis Injury Law also have some additional information for anyone still unsure about what to do without car insurance.