In most cases, if you have been injured in an automotive accident as a result of a negligent driver, you are entitled to compensation based on your personal injury and/or sustained property damage. The party at fault’s insurance should cover the necessary costs in a settlement.
But what happens when the at-fault driver doesn’t have insurance or only has partial insurance? If you hit someone without insurance, what happens next?
What happens when the negligent party is driving without insurance?
Auto accidents become complex when one party doesn’t have insurance. More complexity arises when the negligent party doesn’t have insurance, has basic liability insurance, or owns a plan that is not fully comprehensive when applied to the details of the accident.
After an accident, the first step you make after contacting authorities is to report to your insurance provider and detail a report about the incident. A report to your insurance company may be as simple as calling your provider and informing them that an accident has occurred. A claim is issued once there has been an evaluation of property damage and/or personal injury.
Next, you will want to see a doctor assess any potential personal injury sustained after the accident. Evidence of personal injury will strengthen a case with an insured or uninsured driver. Recall the events to the authorities in as much detail as possible. Take photos of the scene if you are safe and exchange information with the negligent driver and any witnesses available.
What issues arise with uninsured drivers?
An uninsured driver poses an issue. Your insurance company will have no way of filing your claim against them for injury or damage. When a claim is issued one insurance company will then communicate with the other to assess the evidence, and cover most or all of a claim. Without another insurance company to work with, the insurance agency may be able to subrogate the claim. Subrogating the claim by the insurance company means your insurance company may sue the other driver.
If the at-fault party doesn’t have insurance after an auto accident, you may file a compensation claim with your insurance agency or file a lawsuit against the negligent party. In the case where you have a partial insurance policy that doesn’t include coverage for an uninsured motorist, you will have the option to file a personal injury claim against the negligent party.
Arizona Law for Uninsured Driving
The state of Arizona requires all drivers to obtain and carry a minimum amount of car insurance. Driving without insurance may come with penalties including fines and the state may suspend a driver’s license for up to a year. For a license reinstation, the driver must pay $35 and associated fines ranging from $500- $1,000. The driver will also need to file an SR-22 certificate of financial responsibility.
Liability minimum requirements for Arizona insurance policies include:
- $15,000 for bodily injury per person
- $30,000 for bodily injury per accident
- $10,000 for property damage
Call a personal injury lawyer to represent your case
Consult an auto accident injury lawyer and detail the circumstances surrounding your recent accident. If you or a family member has been injured in a car accident, you are entitled to a settlement check, even if the driver is uninsured. Working with our personal injury lawyers after an accident will increase the settlement amount. Our team is experienced in personal injury and will quickly work to give you the compensation you deserve.