In A Car Accident Without Insurance
If you are in a car accident without insurance, don’t panic. Regardless of whether you have insurance, you have a duty to exchange information with the other driver. If you are the driver without insurance, and the accident is not your fault, you can still pursue the other driver for economic recovery.
Your Property Damage
You will be assigned a property damage adjuster if you pursue a property damage claim with the other driver’s insurance company. If it is determined that the other driver is at fault, their insurance company should pay for your property damages. You may need a lawyer to assist in negotiating a property damage agreement, or you may be able to successfully negotiate it yourself. Often, the other driver’s insurance company will want time to investigate the claim. This is reasonable, as they will attempt to determine whether their driver was at fault, and assess the property damage.
Your Personal Injury Claim
If the accident is not your fault, you will be able to pursue a personal injury claim against the other driver regardless of whether you had active insurance at the time of the car accident. The lack of insurance is a non-material or irrlevant fact as it relates to which driver was at fault. This information should also be excluded from evidence if the case goes to trial, under NC Rule of Evidence 402.
Your personal injury lawyer will work with the adjuster for the other driver’s insurance company to assure that the full value of the claim is achieved, despite not having insurance. While you can count on the at-fault driver’s insurance company offering push-back regarding lack of insurance, ultimately it should not be an issue for recovery.
Medical Payments Coverage
If you had an auto insurance policy with Medical Payments coverage (INSERT LINK) and it was cancelled or lapsed just prior to the accident, unfortunately you will not receive the benefit of medical payments coverage. However, if you live with an immediate family member who has medical payments coverage on a separate auto policy, we may be able to access that coverage to assist with paying your medical bills.
Speak With A Personal Injury Lawyer Today
If you are in an accident and have questions about car insurance, fault, or any other aspect of settling your claim, please call us at 704.749.7747. Or you can click HERE to request a consultation. All consultations are free, and can be done over the telephone. We know you have choices. We hope you choose Layton Law.