Damages in a Car Accident Without Insurance
Our civil law system provides a remedy for anyone who suffers an injury as the result of the negligent actions of another person. The remedy, called "damages," almost always takes the form of monetary compensation, and the amount can often be beyond the means of the defendant to pay. To ensure that persons injured by the negligence of others will be compensated appropriately, state law requires that drivers maintain insurance.
Fault in a Car Accident Without Insurance
Fault, or who was responsible in a given accident case for the damages caused, however, is the determining factor when considering who is responsible for paying. If you were involved in an automobile accident that was completely the fault of the other driver, you will be able to recover your damages even if you were not insured. Under these circumstances, your lack of insurance is not an issue and not having any will not stop you from being compensated for your loss.
In some states, though, there may be laws that prevent you from receiving full compensation for pain and suffering if you were driving without insurance. For example, in California a driver who is in a car accident without insurance is not compensated for pain and suffering even if that driver was not at fault. The driver in such a situation, who is in a car accident without insurance, is only compensated for medical bills and what are called "special damages." Special damages are direct monetary losses suffered by the injured individual, in the form of medical bills, lost wages, and the like.
On the other hand, if you were completely at fault for the accident, you would be liable for the damages suffered by the other driver and could conceivably have to pay for them out of your own pocket. Additionally, not having insurance as required by state law could subject you to penalties and fines.
It is possible that under some circumstances both parties could be considered negligent and in some way responsible for the damages caused. In these cases, any award you may receive might be offset by the extent to which your negligence was partially responsible.
Whenever you are involved in an accident, it is a good idea to consult with an attorney, particularly one who deals with automobile accidents and personal injury cases. He or she would best be able to advise you concerning your rights and responsibilities with respect to the accident and how you should proceed in dealing with it.