In a Car Accident with No Insurance – Who is at Fault?
Car insurance is required in nearly every state in the United States. Failing to have car insurance can be a serious problem because the damages in a car accident are often severe and costly. So, what happens when you are involved in an accident with someone who has no car insurance?
How Car Insurance Works in Florida
Florida is a “no fault” insurance state. That means that, by law, you are required to have insurance on your vehicle.
Then, if you happen to get into an accident, you look to your own insurance first before trying to receive compensation from the other party in the accident.
Florida requires both personal injury protection (PIP) and property damage liability car insurance. Even though it is legally required, there are many people who do not have insurance in Florida.
Thankfully, in relatively minor accidents, it will not matter if the other person does not have car insurance because you are covered by insurance.
The problem with no insurance comes with the at-fault driver if serious injuries or property damage were caused.
When the “At-Fault” Driver Does Not Have Car Insurance
In serious accidents (those that have high medical expenses or property damage), you must go outside of your own insurance and look to the other party to help cover your expenses.
Typically, your attorney would speak with the insurance company to settle the case within the insurance policy limits. Where the other driver does not have insurance, he or she must pay this amount out of pocket.
In normal cases, the insurance company will usually hire a lawyer to help the defendant. When he or she does not have insurance, the other party may need to hire a lawyer themselves. They can also choose to defend themselves if they cannot afford an attorney.
Getting a Judgment
If the court determines that they are at fault, then they will be ordered to pay your damages. The court will order a judgement against them. A judgment basically means that the court has ordered them to pay you for your damages.
The judgment can be collected in a number of ways, including:
- Direct payment
- Wage garnishment
- Property garnishment
- Garnishing bank accounts
- Repossessing vehicles
- Collecting on future assets or income
The amount that the other side owes does not decrease simply because they do not have an insurance company to help them. However, collecting on a judgment can sometimes be difficult and costly.
As a rule, even though the insurance company is better prepared and will likely hire a lawyer, you are much more likely to receive compensation if the other person involved in the accident has an attorney.
If you have been involved in an accident, contact a skilled car accident attorney in Delray Beach FL. Call the experienced professionals at Glotzer & Kobren at (561)-361-8677 for more information.
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