you are not at fault for the accident; the damage is less than $15,000; the other driver has made a claim on their insurance; What happens if neither party in a car accident has insurance? The reasoning behind "No Pay, No Play" laws is that if you don't have the required auto insurance that could provide full compensation to another person, then you shouldn't be able to claim the full benefits of someone else's insurance if you've been the victim of a car accident. Good luck - and get your license. Tragically, the fatal crashes covered by the AAA report resulted in the deaths of 21,049 people. Local laws vary per state and car insurance. Even if you were 100% in the wrong, PIP will pay out. This guide will explain what happens when a car accident occurs and a driver involved in the crash is not insured. Report the accident to police: If police aren't present, you are legally required to report the accident to the police if it caused an injury. Therefore, they may blame the other driver, even if their clients were at fault. In many states, that means buying only liability coverage (which applies to injuries and vehicle damage incurred by other people in an accident caused by you). Car Accident Lawyers in Berkeley, CA. We do not offer financial advice, advisory or brokerage services, nor do we recommend or advise individuals or to buy or sell particular stocks or securities. If you can. Document the accident and all agreements made: Take pictures of both vehicles and the scene where the accident occurred. However, the award will be decreased in proportion to the degree an injured party is determined to be at fault. against another driver if you didnt have insurance when the crash occurred. There are several key mistakes many divers make after being involved in an auto accident. For example, dont apologize to the other driver if you were not at fault or if youre not certain who was at fault. We'd love to hear from you, please enter your comments. Go to License eXpress, which is the DOL website. Visit our Careers page, Dealing with an Auto Accident in Washington State, Washington State Department of Transportation Crash Data Portal, steps you should take after being in an auto accident, The 6 Most Common Damages From Personal Injury Claims, Pain and suffering is classed as a non-economical cost. Ask the other driver to respond within a specific time, 14 days for example. For example, if youre rear-ended by another driver, it will still appear on your license record but it will be logged as involvement, not fault. No fees, ever. So, if you live in a no-fault state and you don't have insurance, even if you're at fault for the accident, the other driver probably can't name you as a defendant in a lawsuit and seek compensation directly from you. The police report is useful to have, but you dont want to rely on it as the sole source of information about the accident. A phantom vehicle is one that causes injury or damage without making physical contact. What is a 2007 GMC Envoys life expectancy? If you believe you aren't at fault, you can send a message or a letter requesting that the other driver pays for the repairs and any losses. If you're caught driving without insurance, you may face: Tickets and fees for failing to provide proof of insurance. This is critical if youve sustained a serious injury such as whiplash. If the driver lives in a state that demands car insurance to be able to drive, they're going to be facing terrible consequences if they get caught driving, even if they don't get in an accident. These rules can prevent you from making a claim for non-economic damages (medical costs, pain and suffering, etc.) States that do not follow a "no-fault" insurance systemthis means the vast majority of statesare called "tort" states. Driving without insurance in Washington is not advisable. Its against the law to leave the scene of an accident you are part of if there has been an injury or damage to someones vehicle. We are fully committed to assisting our clients to receive fair compensation for their injuries. For that, you need a skilled personal injury attorney. Call us at 212-68-2535 to schedule a free consultation with one of our lawyers to review your case. Arrest. Driving a car without your valid driver's license on you is not as severe as . What if youre hit by an uninsured driver in Washington? More than a dozen states follow some version of what's known as a "no-fault" car insurance system. At that point, your only other option is to sue the at-fault driver for the remainder of the damages. If you're driving without valid car insurance and you're involved in a car accident, here's what to know at the outset: The most important thing to do is stop and stay at the accident scene until you've taken proper action. the state's DMV will revoke your driver license and vehicle registration for at least one year, and, the state's traffic court will fine you up to $1,500, and. Heres how the law breaks it down:, : misdemeanor; punishable by up to 90 days in jail and up $1,000 in fines, : gross misdemeanor; punishable by up to one year in jail and $5,000 in fines, : class C felony; punishable by up to 5 years in jail and $10,000 in fines, : class B felony; punishable by up to 10 years in jail and $20,000 in fines. If possible, find affordable insurance to . If you go in-person, youll also need to take a completed copy of the Driving Record Request Form with you to give to the clerk. $50,000 of bodily injury or death of any 2 people in any 1 accident. Given the cost of healthcare in the U.S., most experts recommend upping those limits to $100,000/$300,000/$100,000, respectively., Another thing to keep in mind is that liability insurance only protects other drivers. A licensed driver without immediate possession of the license is subject to a fine of $10 to $500 and up to six months in jail. . Only under very limited circumstances can the injured person step outside of the no-fault system and file a lawsuit. Whether the cause was distracted driving, disregard for traffic laws or other factors, over 30,000 of these collisions resulted in injuries to one or more individuals. In some cases, you may be involved in a car accident with another driver who does not have insurance coverage even if you have a policy in place. No one expects to be involved in an accident and its a stressful experience. They can sue you for $20,000, but because you are jointly responsible, they will only be granted $10,000. There is a fixed penalty charge of 300, and you could receive 6 penalty points on your licence. In every state except New Hampshire and Virginia, you must have at least some liability insurance coverage. Still, drivers must be aware of the consequences that their actions can have, and these are going to depend on the severity of the accident and the state laws. Each person at fault is assigned a portion of the blame and is responsible for paying a proportionate share of the damages. You are not required to obtain liability insurance in New Hampshire or Virginia. You might want to get witness accounts and their details, record photos of the accident and write down factors . The not-at-fault driver has the right to seek compensation if they live in a no-fault state. Can You Receive Compensation for Lost Self-Employed Income after a Car Accident? This makes uninsured/underinsured motorist coverage an exceedingly smart choice to make., If you are caught driving without car insurance in Washington, then you are subject to a fine of around, . Get Your Free Consultation From a Top Lawyer. Fill in all the required information and pay the fee. It will be at the discretion of the judge or jury to decide what multiple to apply to the economic damages to give the final pay-out figure. This is why PIP (and underinsured motorist) insurance is a very smart choice. Your insurer would stand in for the uninsured motorist who caused the crash and would cover your losses up to policy limits. No case is too small or too big for us. Did the owner of the car you were driving have insurance on the vehicle? I have a Mini Cooper as a rental car for the next week, and theres a whole bunch of stuff in the Bluetooth menu from previous users. Posted on Jul 9, 2013. File a lawsuit against the other driver. Accident: Try to gather as much information after the accident - the other driver's details, names and contacts of any witnesses, and photos of the incident. Learn more about Contingency fees here. Who Pays the Bills? These situations involve spending considerable money on medical bills, lost wages, and legal fees, so being insured would take a massive weight off the driver's shoulders. Try to get legal advice before sending the letter. Although these roads do not account for all accidents in Washington State, its good to be aware of the worst areas to take extra care when driving: Washington is a comparative negligence state. You should also be extremely careful when speaking to insurance providers. In this case, your, drivers license is suspended for three years, on top of the fine. A car accident waiver and release of liability, also referred to as a "settlement agreement", is a legally binding document that, when signed, guarantees that a settlement will be finalized outside of the legal system.When in a car accident involving two cars, there is the option to settle the damages and injury out of court. While Washington works on a pure comparative negligence policy, where shared fault reduces the percentage of compensation a party can claim in an accident, you may still face . Whether youve sustained physical injuries, loss of earnings, damage to your vehicle, or emotional suffering, you deserve to be compensated. You can use the tools on this page to connect with a nearby lawyer. The driver should ask witnesses for their contact information. Please contact our attorneys by filling out the form below. Take a form of photo ID and either cash or a check for $13 made payable to the Department of Licensing. If an uninsured driver gets in an accident, they mustn't make the huge mistake of running away. In most states, when an accident occurs one party is usually considered "at-fault" and must cover the injuries of the other driver and their passengers. Lets say somebody was 98% at fault for an accident, they are still able to claim the other 2% from the other driver. Moreover, some of the most common penalties are the following: The revocation of their license for up to a year, A civil penalty fee of $750 for license restoration. Additionally, you can also file a personal injury lawsuit for any other kinds of damage, like pain and suffering or emotional distress. Not having coverage could result in legal penalties including: These legal penalties apply separately from any civil claims other drivers could bring against you to recover compensation for their losses resulting from the car accident. A non-fault claim is made when you are not to blame for an accident. Essentially, it is the opposite of an at-fault claim where you are liable for any damage. For those who have suffered extensive injuries, this could be an excellent option. But if you can swing it, it can save you a lot of headaches, hassles, and expenses if youre in an accident caused by an uninsured driver., coverage. Past performance is not indicative of future results. While this strategy will save you money in the short term, keep in mind that liability coverage can't be used to cover your own car accident injuries or damage to your own vehicle. If youve been in an accident and suffered damages, we can help make sure you are properly compensated. If accepted, you may be required to attend traffic school or a driver improvement course. Drivers are able to sue the at-fault party for almost any type of loss after the accident. the identity of anyone who can give the police the above information. Some states impose fines that can reach up to thousands of dollars, and the local DMV is most likely to suspend their driver's license for a few months. So yes, you can still file a car insurance claim to get compensation with no police report. However, your ability to do this will depend on your states rules. The other driver drove away without stopping. An experienced attorney can consider the specific circumstances of your situation and explain your options. It is no defense to these lawsuits to tell the court, "I can't pay that amount." If you cause a car accident, your car insurance rates will go up by $72 per month for full coverage, on average. If the police officers take a report, you dont need to submit any further reports. If you are at fault for an accident, you may be required to provide compensation for any damages you caused. If the other driver was to blame for the accident, you could still face legal consequences for driving with no insurance. Some states are no pay/no play states. However, with the right lawyer, they may still be able to get some money out of the settlement. So no matter what, keep calm and stay where you are. . If the car accident is severe or blocks a road, you should call the police immediately. She earned her JD from UCLA School of Law and was an adjunct professor at the start of her career, teaching paralegal studies and related courses. What if You're in a Car Accident With an Uninsured Driver? However, this doesn't mean that there are no consequences for causing accidents. Failure to pay the fine or set up a payment plan can result in the suspension of your driver's license. Youre entitled to more. It offers another layer of protection to you and your family if you sustain serious injuries or die in an auto accident. Get Your Free Consultation From a Lawyer Near You. Sincerely, Arthur D. Leritz As well as a shot of the other vehicles license plate to ensure you have the correct information. October 21, 2015 by: Content Team. The answer here depends on whether you live in a no-fault car insurance state, or a state that follows traditional fault (or "tort") principles when it comes to car insurance. After a car accident, all drivers involved in the accident must stop and exchange their details. If you are found at fault, you'll likely be personally on the financial hook for any injuries and vehicle damage resulting from the crash (since you don't have an insurance policy in place to cover those losses). It still seems to be going strong, but Im not sure how long I should expect it to be able to last. If you refuse to pay or simply can't pay the other driver, you might find yourself being sued. This could include medical bills, lost wages, property damage, and physical and mental pain and suffering. the vehicle's registered owner. Her dream car is a 1965 Aston Martin DB5. However, if you do not have coverage, you can still be personally liable for covering losses you caused even though your state doesnt require you to buy a policy. With the help of a professional lawyer, youll get the best settlement possible without dealing with any of the headaches. That's because the at-fault driver will find themselves on the personal financial hook for the other driver's car accident damages, and they'll also have to find a way to cover their own losses (hopefully they have health insurance to take car of any medical bills for car accident injuries). In a car accident/no insurance situation, things can become very complicated. Car insurance rate increase. Although in most American states, everyone must have liability insurance to be allowed to drive, there are two states in which drivers can choose not to hire an insurance company. Here are more steps to take: Get more tips on what to do after a car accident. Most importantly, they will handle the stress of paperwork and dealing with insurance investigators. Hospital bills for car accident injuries can cost over $100,000 in serious incidents, so you may choose to get more extensive insurance to cover you should the worst happen. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Washington: $550-$1,000 $1,381 West Virginia: $200-$5,000 $1,494 Wisconsin: $510 $1,177 . Calling the police after your crash is essential if you are seeking a rental car. But sometimes life happens, and if you find yourself in a car accident while uninsured in Washington, there are a few things you need to know! In New York, for example, if your vehicle is uninsured and is involved in an accident: the state's DMV will revoke your driver license and vehicle registration for at least one year, and. If you are in a car accident and found to be driving without valid insurance, every state will impose a fine of hundreds or even thousands of dollars. . However, if the accident does not go to court, but is dealt with through insurance, the insurance company is responsible for presenting a settlement offer which will take into account the physical damages as well as pain and suffering and loss of wages. , but there are a few other additional policies that are wise to have as well. A fantastic way to do this is by calling the Powell Law Firm, the best law firm in Missouri with incredible lawyers who ensure an excellent attorney-client relationship and a high-quality service. Your financial situation is unique and the products and services we review may not be right for your circumstances. What about the person whose hospital bills add up to $50,000? Getting a free case evaluation is as easy as calling the number at the bottom of this page. The damage to your car is less than $15,000 (or you're okay with $15,000 as a . If you live or drive your vehicle in a no-fault state and have a car accident, all parties involved in the collision will cover the costs of their own repairs and damage and then recoup these costs from the other party. What to do if youre in a car accident without insurance in Washington and not at fault, Penalties for driving without insurance in Washington, How to find cheap car insurance in Washington, The consequences associated with being in a car accident when you dont have car insurance are pretty harsh in Washington state. How To Find The Cheapest Travel Insurance. Whats the difference between Washington and some other states? There are five roads in Washington that are classed as the most dangerous. In her spare time, she reads, strolls in the forest, and dotes excessively on an elderly labrador. Washington requires drivers to possess certain levels of auto insurance and you may face severe penalties if you drive your car. against another driver . A full explanation of the accident is conducted before assigning fault. In 2019, there were 45,524 reported car accidents in Washington State. It's important to keep things in perspective here. On the other hand, if theyre only carrying the minimum policy offered by their insurance company, its more than probable that they dont have significant assets from which to draw. This should remove traffic violations related to any accidents. An experienced attorney can consider the specific circumstances of your situation and explain your options. The good news is, you do have a few options. Take pictures of the accident scene, the position of the vehicles, and anything else that might help tell the story of how the accident happened. Carry liability insurance limits of at least: $25,000 for injuries or death to one person in an accident you cause. Usually, the more severe the accident, the higher the number. Keep in mind, too, that you are legally required to call the police if the accident caused injuries or deaths. Uninsured/underinsured motorist coverage may also be used to help pay for damage and injury caused by a hit-and-run accident or a phantom vehicle. A car accident, also referred to as a "traffic collision," or a "motor vehicle accident," occurs when a motor vehicle strikes or collides another vehicle, a stationary object, a pedestrian, or an animal. You could also try to pursue a claim against the motorist who caused the crash and recover from that drivers personal assets if you are involved in a collision with an uninsured motorist. If you are caught driving without insurance and your state requires it, you could face serious legal penalties. New Hampshire: Five years from the date of the accident 3 . 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