Can You Still File An Accident Claim? If You Don’t Have Car Insurance
Like most states, Arizona holds the driver who causes an accident financially liable for the damages suffered by the victim. That means victims are typically seeking compensation from the at-fault driver and their car insurance policy.
Although your car insurance policy may not provide compensation, you may be wondering if you can still file a claim if you don’t have car insurance.
For example, you may have heard of states with “No Pay, No Play” rules. In these states, you can’t get full compensation from another driver’s policy if you don’t have the required auto insurance. This means that you may not be able to seek compensation for pain and suffering.
Arizona is not one of those states, but there are a few things you should know about how a lack of insurance could affect you after being injured in a car accident caused by another driver.
Our Phoenix-based car accident attorneys are available to answer your questions after a car accident. There are no fees or obligations with an initial consultation, so call us today to schedule yours.
File a claim if you don’t have auto insurance
In some cases, a claim can be filed if another driver is at fault. I would file a claim against the at-fault driver’s liability insurance policy.
However, it is important to note that Arizona is a comparative fault state, which means that you cannot recover compensation for the portion of the damages that you caused. For example, victims who are 15 percent at fault will see any compensation they are awarded reduced by 15 percent.
If you cause an accident and another driver suffers injuries and other damages, you are financially responsible for those damages. If you don’t have insurance, the other driver may try to go after your property to cover your medical bills and other damages. At-fault drivers typically turn to their liability insurance to pay for the damage they caused.
Another scenario to consider is if the value of your damages exceeds the limits of the at-fault driver’s coverage. In these situations, most drivers turn to their underinsured motorist coverage to make up the difference.
However, if you do not have insurance, you will not have this coverage. You may have to pay for the rest of the damage out of your own pocket. This could put you in a very difficult financial situation.
Yet another scenario to consider is if you are hit by a driver and he or she flees the scene. Even if the police locate this person, they may not have insurance. If the driver cannot be located or is uninsured, you will not be able to use uninsured motorist coverage to cover your damages.
In short, if the other driver has insurance, you should still be able to file a claim. However, if your damages exceed the value of the insurance policy, you may be left with significant out-of-pocket expenses.
cost of driving without insurance
In addition to the damages you may have to pay for out of pocket, there are other financial penalties for driving without insurance. You or the other driver will likely call the police after the accident. When the officer arrives, they will likely ask for your vehicle registration, license, and proof of insurance.
If you don’t have insurance, you can be fined $500 and have your license and registration suspended. If you are caught driving without insurance a second time within 36 months of the first time you were caught, you could face a $750 fine and have your license and registration suspended for six months.
Three or more violations within 36 months will result in a $1,000 fine and a one-year license suspension. He is also likely to have court costs related to trying to reinstate his license.
Phillips Law Group helps accident victims. call today
Not sure how to seek compensation after being injured in a car accident?
Pick up the phone and call Phillips Law Group today to learn more about your potential legal options. There are no upfront fees or obligations and our attorneys do not charge unless you are paid.
For more than 28 years serving injury victims in Arizona, we have obtained hundreds of millions in compensation on behalf of our clients.
