Figuring in a car accident is a stressful situation that nobody wants to be in. The stress level is even more magnified if you are at fault and the other individual has no insurance. In this specific scenario, it can be nerve-wracking because there is a possibility of the other party pressing charges against you.
Read along as we discuss what steps you have to take to if the car accident was your fault and the other party has no insurance.
What to do if you figure in a car wreck?
Staying on the scene after figuring in a car accident is important especially if it is your fault. Leaving or feeling the scene can be seen as a hit and run and harsher consequences will come your way if you leave. Here are the different things that you should do when you are party to a car wreck:
- Call emergency medical services if anybody is severely hurt and requires immediate medical attention
- Call law enforcement so that they can file a police report and investigate
- Obtain the contact information of all parties involved
- Be careful of what you say while talking to law enforcement and other people, and do not admit fault
- Look around and see if there are witnesses. If there are witnesses to the car accident, obtain their contact information as well
- Document the scene of the car wreck whether by pictures or video recordings on your phone
What if the other party has no insurance?
If you are part of a car accident and the other party has no insurance, there will be restrictions and limits on what you can collect from the uninsured driver. There is a terminology called “No pay, No play” that is implemented by several states. In these states, if you do not have valid insurance on your vehicle at the time of the accident, you will be limited for the amount of compensation you can get from your injuries.
There are some states where you will not be able to recover anything at all against the driver who is at fault. Other states will enable you to get reimbursed for medical bills but not for non-economic damages like pain and suffering.
The main reasoning behind “No pay, no play” is to disincentivize drivers for not having proper auto insurance. The main notion is that if you don’t have adequate insurance coverage to pay out a victim for damages when you are at fault in a car accident, then you should not get insurance payouts when the tables have and you are the victim trying to collect damages.
What if you live in a “no-fault” state?
In a no-fault state, the person who is injured in a car accident is generally required to receive compensation from their own auto insurance company. There are extreme circumstances where they can step outside the “no-fault” system and file a lawsuit.
If you live in a no-fault state and caused a car accident, the injured party cannot try to get a payout from you or name you as a defendant in a personal injury case. There are several exceptions to this and it includes having severe injuries or claims a specific amount.
What if you live in a “fault” car insurance state?
The majority of the states are “fault” car insurance states and this means that if the other party is injured in a car accident that was your fault, they can sue you for damages which can include medical bills, property damage, lost wages, and pain and suffering.
If you do not have proper automobile insurance, you will be personally responsible for the damages brought about by the suit which can be significant.
What to do if you are at fault in a car wreck and the other party is not insured?
You need to contact a personal injury lawyer in this case because different states have different laws that they follow. A personal injury lawyer will be your best bet in this scenario because you can tap into their knowledge and expertise.
If you were in a car wreck – contact Jordan Law in Orlando today!
Car accidents are stressful situations for all parties involved, especially if you are at fault. Your best course of action to protect your rights is to contact a personal injury lawyer located in Central Florida who is knowledgeable in this aspect and can advise you on the best course of action to take.
Contact Jordan Law today! We are located in the Orlando and Central Florida area and we can help you obtain peace of mind if you are stuck in a sticky situation. We will sit down with you so that we can get to know your case and to better represent you.
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