Car Accidents
Maryland and almost every state except one require drivers to have car insurance. For a variety of reasons, we still have a large number of cars on the road that do not have insurance coverage. What happens if you do not have car insurance?
If you’re involved in a car accident and you don’t have car insurance, the implications and next steps can vary depending on several factors, including who was at fault and whether there were any injuries or property damage.
The page explains how Maryland and most states treat:
- uninsured drivers who are injured and seek compensation
- injury victims who do not have medical insurance
Can You Bring a Car Accident Claim If You Have No Insurance But the Other Driver Is at Fault for the Crash?
Our lawyers often get clients who were uninsured at the time of the accident or in a vehicle that did not have insurance. Their question is very straightforward: can I bring a claim? The answer is yes.
You can settle a car accident without insurance. Maryland law does not penalize you when making a civil car accident claim without car insurance.
Driving without insurance is still a bad idea, of course, You might face a citation and a fine for driving without insurance. You also will not have access to PIP insurance or uninsured motorist coverage if the other driver has inadequate insurance. But having no car insurance does not impact your civil claim for the injuries you suffered in the accident.
No Insurance Cannot Be Mentioned at Trial
In fact, not only does it not limit your ability to bring a claim, the fact that you had a car accident without insurance will not be admitted as evidence at trial. So, the same is true at the settlement table: you can settle a car accident without insurance (auto or health).
The take-home message: you should not hesitate to bring a personal injury claim because you were uninsured or driving a vehicle that was uninsured at the time of the accident. If you have a valid claim, law firms like ours will represent you. The same also holds for failing to have a valid license or driving on a suspended license. The sole point in determining whether you can bring a claim is whether your negligence or the other driver’s negligence caused the crash. That’s it.
You Caused the Crash
If you cause a car accident and it is your fault, you have a problem that will rarely have a simple solution. Our lawyers will not represent you. There will also not be anyone compensating you for your injuries in a tort case. There is a lot of talk about a fund in Maryland that pays for your injuries when you are uninsured and injured in a car accident that is your fault. The bad news is that there is no fund. It is an urban legend.
You are also not going to find a lawyer to represent you in lawyers without charging you a lot of money. You will have lawyers like our firm bringing a claim against you. Still, we are not the ones you should fear the most because we are unlikely to be taking money out of your pocket.
What Happens When You Are At-Fault and Have No Insurance
In the real world, few personal injury lawyers are making claims against uninsured motorists. The juice is usually not worth the squeeze. Instead, plaintiffs’ attorneys bring uninsured motorist claims against the victim’s insurance company. Sure, the plaintiff might try to sue you because the uninsured motorist policy is not large enough. But this is in a tiny minority of cases.
So what will happen is the person you injured will get paid from their own insurance company. But after that settlement or verdict, the insurance company that pays the claim will come looking for you.
Most insurance companies have entire law firms that focus on nothing but these subrogation claims. They are going to call you and mark up your credit. They may sue you until you reach an agreement with them. They will generally not require you to pay them the entire amount. But they are going to want something, and they are going to try to make you miserable until you do.
Outside of paying them, there is no magic elixir to get them to stop. You might be a nice person, and unfortunately, this is happening to you. But, ultimately, you did not have insurance, you hurt someone, and they are going to do their best to make you pay.
If the case does not settle, you will, at least in Maryland, be named as a defendant. It would be wise to hire a lawyer (not us) to defend you, particularly if you have assets. But that is a steep investment, and you have to balance the cost of hiring a lawyer versus your potential exposure.
What If I Was Injured But Have No Medical Insurance?
If you were injured but do not have medical insurance, your lawyers will likely be able to find you doctors who can help you get better and who do not demand money upfront for their services. It is always better to use your doctors. Or get a referral from your doctor. Why not use the doctor your lawyer suggests? Because insurance companies love to make a federal case out of the idea that you were referred for treatment by your attorney.
But some victims do not have that option. Insurance companies may not like it. But judges and juries understand that some people do not have easy access to a doctor and can’t afford the co-pays most doctors require. If you are hurt and need medical treatment, you must do what you can to get the treatment you need.
Do You Need a Lawyer?
If you have been injured and were not at fault for the car crash, we can help you find out how much money you can get as compensation for your loss, even if you were uninsured and driving without insurance at the time of the collision. Call 800-553-8082 or get a free no-obligation case consultation.