Can Crash Victims Seek Compensation Without Insurance?
June 17, 2021
Like most states, Arizona makes the driver who causes a crash financially responsible for the damages suffered by the victim. That means victims generally seek compensation from the at-fault driver and his or her car insurance policy.
Even though your car insurance policy may not provide compensation, you may wonder if you can still file a claim if you have no car insurance.
For example, you may have heard about states with “No Pay, No Play” rules. In these states, you cannot seek full compensation from another driver’s policy if you do not have the required auto insurance. This means you may not be able to seek compensation for pain and suffering.
Arizona is not one of those states, but there are some things you should know about how lacking insurance could affect you after being injured in a car crash caused by another driver.
Our Phoenix-based auto accident lawyers are available to answer your questions after a car crash. There are no fees or obligations with an initial consultation, so give us a call today to schedule yours.
Filing a Claim if You Do Not Have Car Insurance
You should still be able to file a claim if another driver is at fault. You would file a claim against the liability insurance policy of the at-fault driver.
However, it is important to note Arizona is a comparative fault state, which means you cannot recover compensation for the portion of damages 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 a crash and another driver suffers injuries and other damages, you are financially liable for those damages. If you do not have insurance, the other driver may attempt to come after your assets to cover his or her medical expenses and other damages. Typically, at-fault drivers turn to their liability insurance to pay for damages 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 take care of the difference.
However, if you do not have insurance, you will not have this coverage. You may be left paying for the rest of your damages out of your own pocket. This could put you in a dire financial situation.
Yet another scenario to consider is if you get hit by a driver and he or she flees the scene. Even if the police locate this person, he or she may not have insurance. If the driver cannot be located or does not have insurance, 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 expenses that you may need to pay out of your own pocket.
Cost of Driving Without Insurance
In addition to the damages that you may have to pay out of pocket, there are other financial penalties for driving without insurance. You or the other driver will likely call the police after the crash. When the officer arrives, he or she is likely to ask for your vehicle registration, license and proof of insurance.
If you do not have insurance, you can be fined $500 and have your license and registration suspended. If you get caught driving without insurance a second time within 36 months of the first time you got caught, you could face a fine of $750 and have your license and registration suspended for six months.
Three violations or more within 36 months will result in a $1,000 fine and suspension of your license for one year. You are also likely to have court costs related to trying to get your license reinstated.
Phillips Law Group Helps Crash Victims. Call Today
Unsure of how to seek compensation after suffering a car crash injury?
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 get paid unless you get paid.
Over more than 28 years serving injury victims in Arizona we have obtained hundreds of millions in compensation on behalf of our clients.
Phillips Law Group. Licensed. Local. Lawyers. Call 1-800-706-3000 .
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