What Happens If I Get Hit By Another Driver And Don’t Have Insurance?
Michael Babboni
Insurance Coverage
We all make mistakes in life. Sometimes we forget to pay our bills, or are too financially strained and simply can’t pay them. If we can’t pay our car insurance bills, the coverage lapses and we have no protection in an accident. However, that doesn’t mean we can’t get compensation for our injuries. It just depends on the circumstances. Here is everything you need to know if you get into an accident in Florida and don’t have insurance.Penalties For Not Carrying Car Insurance
Like most states, drivers in Florida are legally obligated to carry the minimum car insurance. This law is designed to protect us when we get into accidents. If you get into an accident, there may be some legal ramifications including:
● Your driver’s license may be suspended up to 20 years
● Your vehicle registration, plate, and tags will be suspended
● You will have to provide the DHSMV with proof of insurance for the next three years
● You may have to pay fines
The DHSMV takes driving without insurance very seriously. So you will have to deal with the legal consequences after the accident, even if the accident wasn’t your fault.
Can I Get Car Insurance After An Uninsured Accident?
Getting car insurance after the fact will not protect you from the accident and the insurance company will not help pay for any damages. However, you legally have to get car insurance after an accident if you want to drive again. When you apply, you will have to explain to the car insurance company you were in an uninsured accident and ask them to provide you with a SR-22. An SR-22 is a certificate of liability that proves you have insurance. You will need to submit this document to the DHSMV for the next three years to continue driving.
What If The Accident Was Not My Fault?
Whether or not you carry car insurance has no bearing on fault. Though insurance companies and courts tend to be harder on people who broke the law by not carrying insurance. Fault will still be determined by the standard means. Insurance companies and courts will look at all the evidence of the accident and make a determination. In the state of Florida, we are what is often referred to as a no-fault state. However, fault is assigned to every case.
Florida Fault Laws In Uninsured Accidents
The state of Florida splits fault. That means that they look at all the circumstances leading to the accident and determine how much each driver was responsible. For example, if you were hit by someone running a red light, but you were speeding, fault could be split 50/50 between you and the other driver because you were both breaking the law when the accident occurred. This is called comparative fault and it is used to determine the value of a claim. In this case, if your damages cost you $10,000 for medical bills, lost wages, and property damage, and you were determined 50% at fault, you will only receive $5,000 and will be responsible for the rest of the damages. Without insurance, that means you will have to pay the $5,000 yourself.
Why You Need An Attorney
If you don’t have car insurance, it will be a serious uphill battle to get compensation for your damages. Many people who get hit without insurance are also hit with thousands of dollars of bills they have to pay themselves. Even if you don’t have insurance, if the other driver was at fault for the accident, it is their responsibility to pay for the damages they cause. An accident injury attorney can help make sure that you are treated fairly by the insurance companies and courts. They’ll help you establish fault, file a claim, and navigate the legal penalties for not having insurance.
The St, Pete Lawyer Michael Babboni understands that people sometimes make mistakes and their car insurance lapses. That doesn’t mean they should be unfairly punished. If you’ve been in a car accident without insurance, you still have options. Give us a call at 727-381-9200 for a free consultation and we’ll help you understand those options.