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5 Steps to Immediately Take If a Driver Does Not Have Car Insurance After an Accident

Being in a car accident is stressful, but when one of the drivers doesn’t have insurance, the situation can become even more complicated. Whether you are an uninsured driver or you’ve been hit by someone without coverage, knowing how to handle the problem is crucial.


This blog will guide you through the essential steps you need to take immediately after an accident involving an uninsured driver. By following these steps from our car accident lawyers, you will be better prepared to protect your rights and navigate the challenges that may arise.


Is Not Having Insurance Illegal in Your State?


Driving a car without insurance is illegal in every US state except New Hampshire and Virginia. If you don’t have insurance and are in an accident, you may have several challenges. You could face legal repercussions for driving without insurance, in addition to trauma from the car accident.


If the accident was your fault, you may be liable to pay the victim’s damages out of pocket. These payments can include car repairs and medical bills. If it goes to trial, your wages may be garnished to pay the plaintiff.


5 Steps to Immediately Take After an Accident


Whether insurance is involved or not, there are vital steps to take after an accident. If anyone is seriously injured, always contact emergency medical services before anything else.


1. Contact the Police


If no one is seriously injured, call the police immediately and report the accident. While waiting for them to arrive, you must determine if the other driver has insurance. This information will affect how the situation is handled.


If a driver without insurance is involved, they may be arrested, especially if they are obviously at fault, such as driving under the influence of drugs or alcohol. If you are a driver without insurance, be forthcoming with the information and accept the consequences.


In either scenario, you must stay at the accident scene, or it may be considered a hit-and-run. You should also contact a close friend or family member to collect your belongings and help you get to a doctor as soon as possible.


2. Exchange Contact Information


Give the other driver your phone number and email address, but do not share your home address. It is advisable not to discuss details of the accident with the other driver, as any statements you make in the heat of the moment may be misconstrued as an admission of guilt.


3. Gather Your Own Evidence


It is vital to collect your evidence independently and not rely on the police or the other driver to collect sufficient documentation. You must take photos and videos of the position of the cars, the impact damage, and any bruises or cuts on your body. Take several pictures from different angles to ensure you get every detail on record.


We also recommend writing down the events of the accident as soon as possible. The aftermath of an accident can be intense, and you may forget crucial aspects that could come up in potential legal proceedings. Once everything is wrapped up at the scene, you should visit the emergency room to check for internal damage.

Another critical piece of evidence is the doctor’s report you will receive after your visit. If a severe injury requires medical intervention, you may have to sue the other driver or their insurance to get the money you need for treatment.


4. Contact an Attorney


Call an attorney and explain the entire situation as soon as possible. If you or the other driver don’t have insurance, the following steps can be complicated, so it is best to have an expert advise you. Many laws vary from state to state, so having an experienced attorney can make all the difference in knowing your rights.


If you are uninsured and the other driver decides to sue you for damages, an attorney will represent you to ensure the best result. This process may be more straightforward if they are at fault, but your attorney will act in your interest to minimize your financial impact if you are determined to be liable.


5. Reach Out to Insurance


At this point, whether you do or don’t have insurance, you will have to start negotiations with the other driver. You should negotiate with them whether they are uninsured or underinsured. You can do this yourself, but we recommend that an experienced attorney handle these discussions on your behalf.


If you don’t have insurance and are determined to be at fault, you may have to undergo court proceedings so the judge can decide what you owe the other driver. If the other driver doesn’t have insurance and you are at fault, you may have to reach a settlement agreement that satisfies both parties.


How is Fault Determined in a Car Accident Investigation?


The party who caused the accident may be more responsible for damages depending on state legislation, their insurance, and the severity of the damage. Responsibility is determined through several pieces of crucial evidence. The police report is the first document that provides context for the accident and the officer’s initial observations at the scene.


If insurance is involved on either side, the insurance company will conduct its own investigation by speaking to both parties, reviewing all evidence gathered, and examining the cars. The decision made by the insurance company will affect how it approaches the situation and how much it will pay out.


However, if either party doesn’t agree with the insurance, they may take the matter to court for a judge to decide. The judge’s decision will be based on every available evidence and their discernment. In this case, your attorney will negotiate a settlement or represent you in court.


Protect Your Future After a Car Accident


Dealing with a car accident as an uninsured driver or with an uninsured driver can be complex and frustrating. However, following our outlined steps can help you better protect yourself.


By staying informed about the laws in your state and working with an attorney, you can navigate the aftermath of an accident effectively and work towards a fair resolution for both parties.


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