What can you do if you hit the car in front of you but the guy/woman has no insurance?

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What can you do if you hit the car in front of you but the guy/woman has no insurance?

Car accident at fault but other driver had no insurance and was violent. Can that be used against him or her?

Asked on January 26, 2012 under Accident Law, Florida

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Thank you for submitting your question regarding your recent car accident.  First you should be aware that the laws regarding motor vehicle accidents and auto liability will vary from state to state, and given these variations, your specific situation could depend on the nuances of your state’s laws.  However, there are some commonalities throughout this area of law. 

Generally speaking, auto accidents are governed by two types of laws.  The first type of law is the no-fault system, and the second type of law is the tort system.  If your car accident occurred in a state that follows a no-fault system, then each person’s insurance company cover’s their own insurer’s vehicle’s damages.  You can see why this is a problem when one of the drivers involved in the accident is not insured.  If you drive without insurance and cause a car collision, then you will be held personally responsible for all damages that you cause in the accident.  In states with tort systems, the at-fault person in the car accident pays for any damages via their insurance company.  If an uninsured driver should be at fault, then the other driver may be left with the paying for their own damages but reserves the right to sue the uninsured driver to be reimbursed for any costs they had to pay as a result of the accident. 

The driver’s behavior, as you described as violent, may come into play if this ever came in front of an arbitration panel or a jury.  The people awarding damages would be assessing the credibility of both parties, and if the other driver cannot maintain their composure, then the panel or jury may use that information in their decision-making process when awarding damages. 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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