I Have No Insurance and Had a Car Accident. Can I File a Claim?

“I have no insurance and had a car accident” is a common phrase in auto accident cases. So, what happens in these situations? Can someone without insurance still file a claim? The short answer is yes: if you don’t have insurance, you can file a claim with the other party’s insurance. However, this is only possible if it can be proven that the other driver was entirely (or primarily) responsible for the accident.

To establish this responsibility, you’ll need the assistance of an experienced car accident lawyer in California who can build a strong case for you and deal with the insurance companies. Keep in mind that in California, all drivers must have auto insurance. Driving without insurance is NOT a good idea under any circumstances. However, if it does happen, all is not lost.

I Have No Insurance and Had a Car Accident in California: Key Points

Can I File a Claim?

If you lack liability insurance or your coverage is insufficient, you likely cannot claim non-economic damages, such as pain and suffering or emotional distress. However, you may still be able to claim economic damages, including medical expenses, lost income, and property damage. Keep in mind that driving without insurance can lead to costly fines and other penalties.

That said, it is very possible to file your claim, especially if it can be proven that the other driver was mostly or entirely at fault for the accident.

What Happens If It Wasn’t My Fault?

If you were injured in an accident, weren’t at fault, and don’t have insurance, it’s essential to consult a personal injury lawyer. They can file a claim with the other party’s insurance company. After thoroughly examining your case, the attorney can determine whether you were indeed not at fault and whether compensation is obtainable.

It’s important to remember that the other party’s insurance company does not represent you and is not working in your best interest. While your own insurance company is legally required to handle your claim fairly, the other driver’s insurance company has no such obligation and may try to ignore you. Your attorney can handle this situation.

What If It Was My Fault?

If you are responsible for the accident and lack insurance, you will be personally liable for damages to both yourself and others. In such cases, the likelihood of filing a claim is low. Even if the other driver has uninsured motorist (UM) coverage, they may still pursue legal action against you.

In these circumstances, it’s crucial to check if you have any coverage you may not be aware of. For example, if you were driving someone else’s car with their permission, their insurance policy might cover the damages. In such cases, the vehicle owner’s insurance could be used to address the damages caused.

Need Help? Call My Lawyer Mark

Being involved in an accident is a confusing, stressful, and anxiety-inducing experience, especially for Hispanic immigrants without insurance or English proficiency. At My Lawyer Mark, we can help you. Call us today at (866) 721-5808 for a free consultation with professionals who understand the law, have experience, and know how to win.