Q If another driver caused my crash, and I have injuries but no insurance, what happens?
Experiencing a car crash is traumatic enough, especially if you weren't at fault. If you suffered injuries as well, and didn't have auto insurance, it may feel as though you don't have any recourse to file a claim for compensation.
Under Idaho law, you're required to have a minimum of $25,000/$50,000 in personal injury liability coverage, and $15,000 for property damage under your automobile insurance policy.
However, you may have let your policy expire due to financial hardships, or may not have realized it lapsed.
So if you don't have insurance, and a negligent driver caused the accident and your injuries, what happens?
No Insurance? You Still Have Options
The insurance you're supposed to purchase is to protect you if you were at fault in causing a crash, not if you were the victim of one caused by another driver. Idaho is an at-fault state. Here’s what that means in terms of your rights to compensation:
- The negligent driver is responsible for compensating you for your injuries and property damage, regardless of whether you had auto insurance required under Idaho law.
- However, if this driver only had the minimum required insurance, it may not be sufficient. Your medical bills for even a minor injury could exceed $25,000, which would leave no money to compensate for lost wages and pain and suffering. While you could sue the driver for any damages not covered by his insurance, he may not have the cash or other resources to pay you.
- If you failed to have insurance, you're limiting your options for other potential avenues of compensation. For example, if you had collision insurance, it may have been quicker to file a claim with your insurance company for the repairs and car rental fees rather than negotiating with the negligent driver’s insurance company. In addition, if your coverage included a underinsured motorist policy, you could file a claim through that if the negligent driver had insufficient insurance coverage to fully pay you what you are owed.
If you were hurt in an accident with no insurance, you need an experienced car accident attorney to negotiate a settlement for the amount that you deserve. Review our testimonials to see how Alan Morton helps clients, and then call our office to schedule your free case evaluation.