What Happens If I’m In a Truck Accident and Don’t Have Insurance?
February 28, 2019 | Personal Injury
It’s illegal in the U.S. to drive without insurance. If you are in a truck accident but don’t have insurance, you could be required to pay for both your damages and the injured driver’s damages out-of-pocket. A lawyer can determine the best course of action for your case and help you explore the different options that could be available to your case.
What If I Am At Fault for a Truck Accident, But Don’t Have Insurance?
If you are at fault in an accident, you are required to compensate the injured party for their damages that were caused in the crash. If you don’t have insurance, the truth is that you could have to pay out-of-pocket to reimburse the other party. This is where your lawyer comes in. Your lawyer can analyze your case and create a plan based on the circumstances of your accident.
There are two types of states; ‘at fault’ and ‘no fault.’ In no fault states, if an accident happens, drivers are required to file a claim against their own insurance policies. If you are in a truck accident but don’t have insurance, you might have to pay for your damages out-of-pocket, regardless of fault. The only time that a not-at-fault driver can sue the at-fault driver for damages is when a no fault state has a threshold law. If the injured, not-at-fault driver’s damages surpass a certain threshold, they can recover the excess amount from the other driver.
If an uninsured driver is responsible for an accident in an ‘at fault’ state, they could be eligible to recover damages depending on their state’s negligence laws. The at-fault driver is liable for the injured driver’s damages, but they could be able to recover partial compensation for the accident. If the crash happened in a state that uses ‘pure comparative fault,’ both drivers involved can recover damages depending on the responsibility they had in the crash. When an accident happens in a state that follows ‘contributory negligence‘, if one driver is 50% or more at fault in an accident, they are unable to recover damages whatsoever, but are liable for the other party’s damages.
What If I Didn’t Cause the Accident, But Don’t Have Insurance?
According to the Insurance Research Council, an estimated 13% of drivers didn’t have insurance in 2014, which roughly translates to 1 in 8 people. Commercial truck drivers are required by Federal law to carry general liability insurance. If you are in a truck accident but don’t have insurance, you could be eligible to recover damages from the truck driver and their employer. If you were injured in the accident, you should gather evidence from the crash, get checked out by a physician, and speak with your lawyer. Your lawyer can use evidence from the accident, plus obtain proof of the truck driver’s employment, to file claims against the truck driver and their employer to recover damages from the accident.
Can I Recover Damages From a Truck Accident If I Don’t Have Insurance?
One of the most difficult parts of the insurance process for truck accidents is determining who is at fault. In some cases fault is evident, but in other accidents, it’s hard to determine responsibility. If your truck accident lawyer proves that the other driver is at fault in the accident, you could be eligible to recover damages such as:
- Medical Expenses – treatment, medicine, appointments, medical accessories, and anything else that’s required to treat your injuries from the accident
- Pain and Suffering – therapy, mental or emotional distress from the crash, trauma from physical injuries, and other types of distress that incurred from the accident
- Lost Wages – if you were injured in the accident, you likely had to miss work while recovering. Lost income that you experienced because of the crash can be included in your truck accident claim
- Loss of Affection – if your spouse feels that there has been a decrease in intimacy or a change to the nature of your relationship after the crash, they could recover compensation
If you are in a truck accident and don’t have insurance, you are likely overwhelmed. A lawyer can defend your case and handle the negotiations with the truck driver’s insurance agent entirely so you don’t have to worry about it. A lawyer’s job is to protect your rights, offer financial assistance, and make sure that you have a compelling claim against the other driver. If you have been involved in a truck accident and don’t have insurance, don’t hesitate to contact the Dixon Injury Firm today to discuss your case. Our attorneys care about their clients and provide FREE consultations to make their services more accessible to uninsured truck accident victims.