If you don’t have car insurance, getting in a car accident can result in serious legal consequences, even if you’re not the at-fault driver. You can still file a claim with the other driver’s insurance company, but depending on your state’s laws, you may not be able to collect certain damages, like compensation for pain and suffering or disfigurement.
Here’s what to know if you’re not-at-fault in a car accident without insurance.
Can you file a claim if you’re in a car accident without insurance and not at-fault?
Even if you’re uninsured, you can still file a claim with the at-fault driver’s insurance company following an auto accident. The driver responsible for causing an accident is legally required to pay for crash-related expenses; however, what expenses their insurance will cover depends on what kind of state you live in.
- In an at-fault state, also called a full tort state, the driver responsible for the accident is liable for the damages. Their insurance company typically covers property damage and bodily injuries to others involved. This is a much more common legal structure.
- In no-fault states, the at-fault driver’s insurance still covers property damage, your own insurance policy primarily covers your injuries. If you get into a car accident while uninsured in a no-fault state, you’ll likely need to pay for any personal medical needs out-of-pocket (since you won’t be able to file a claim with your insurer).
However, in some states, uninsured drivers aren’t eligible for a full settlement. More on this in a bit.
How to file a claim if you’re an uninsured driver
The process of filing a car insurance claim is very similar for insured and uninsured drivers, except you’ll need to reach out to the other driver’s insurance—a step that would normally be handled by your insurance provider.
First, at the site of the accident, get the other driver’s name, contact information, insurance provider, driver’s license number, and vehicle information.
Plan to contact the other driver’s insurance provider and explain that you need to make a claim. To support your claim, you’ll need as much evidence as you can find, like:
- Basic information about the exact time, location, and circumstances of the accident
- Descriptions of the damages with photos and videos
- A police report
- Dash cam footage
- Eyewitness accounts
- Any medical bills or other relevant documents if you’re filing a personal injury claim
Once you’ve submitted your evidence, wait for the assigned insurance adjuster to perform a case evaluation and determine your payout for any necessary car repairs, property damage, and/or personal injury claims.
If you’re unsatisfied with your settlement offer, you can also hire a personal injury lawyer or car accident attorney to help you. Just remember that after your free consultation, working with a law firm will cost you a portion of your settlement.
How do state laws impact claims for an uninsured driver?
If you live in one of the 38 at-fault states in the U.S., and you’re in a wreck but not at fault, the driver who caused the accident will be responsible for paying for your medical bills and property damage.
If you live in a no-fault state, you’ll be responsible for your own medical bills, but the at-fault driver’s property damage liability coverage should pay for your car’s damage. If you have health insurance, it will kick in after you pay your deductible.
“No pay, no play” laws affect uninsured drivers
If your state has a “no pay no play” law and you got into a not-at-fault accident without insurance, your options for compensation will be seriously limited.
These laws still allow you to file a claim if you’re uninsured, but there may be restrictions on the amount of compensation you can receive and the type of damages you can seek. The exact restrictions will vary from state to state but generally apply to non-economic damages, like pain and suffering or emotional distress. However, there are usually exceptions if the other driver was driving drunk, being reckless, did something on purpose, or just took off.
Those states are:
- Alaska
- California
- Indiana
- Iowa
- Kansas
- Louisiana
- Michigan
- Missouri
- New Jersey
- North Dakota
- Oregon
Contributory and comparative negligence laws
In many car accidents, fault is shared between both drivers. Even if the other driver holds most of the responsibility for the crash, you may be assigned a portion of the fault depending on the exact circumstances leading up to the accident.
Depending on your state’s negligence laws, you may be unable to collect damages for medical expenses following an accident, or you may be limited in how much you can claim. Shared fault also means that you’ll be vulnerable to personal injury lawsuits if you’re found to have some responsibility for the accident.
Currently, Alabama, Maryland, North Carolina, Virginia and the District of Columbia use pure contributory negligence laws. In these states, if you were even 1% at fault while uninsured, you won’t be able to collect on a claim following an accident at all, or you may be limited in how much you can claim.
In other states, both drivers split the blame and costs based on their respective levels of fault. If you’re declared partially at fault in one of these states, you’ll still be financially responsible for your portion of the fault, but you’ll also be able to pursue compensation for damages depending on your percentage of fault.
Here are the comparative negligence laws in the remaining 46 states.
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View full list
Even if you’re not at fault, there are legal consequences for driving uninsured
In every state except New Hampshire, you’re required to carry an insurance policy that includes liability insurance. As such, getting caught driving without insurance has serious legal consequences.
The exact consequences for driving without insurance vary by state, but they may include:
- Jail time
- License suspension
- Heavy fines
- Suspended vehicle registration/license plates
- High insurance reinstatement fees
If you operate a motor vehicle without insurance, your legal options are slim. For your first offense, you may face lighter fines and less severe consequences. Even for first time offenders, though, if you’re caught driving without insurance, you may have to file an SR-22, and you’ll pay much higher rates when you do buy a new policy.
How to find affordable auto insurance after a lapse in coverage
After you’re caught driving uninsured, your best course of action is to get a new policy as soon as possible. Driving without insurance is illegal, and you’ll get into even more legal trouble if you get caught behind the wheel without coverage a second time.
Rates are significantly higher for drivers who have experienced a lapse in coverage, especially after a car accident, but there are a few things you can do to combat this:
- Shop around with multiple providers: The best way to find affordable rates after an insurance lapse is by gathering quotes from several different providers. You can do this on your own, or let Jerry simplify the shopping process for you.
- Look for discounts: Most insurance providers offer car insurance discounts of one kind or another, even if they’re not directly advertised. Call your provider or use Jerry’s discount tool to learn more about your options.
- Bundle your home and auto policies: You’ll usually get a discounted rate for purchasing multiple policies from the same provider and bundling your coverage.
- Take a defensive driving course: Many insurance providers offer discounts to drivers who take a defensive driving class. If you take one of these due to a court mandate, however, it won’t count toward a discount.
Megan Lee is an editor, writer, and SEO expert who specializes in insurance, personal finance, travel, and healthcare. She has been published in U.S. News & World Report, USA Today and elsewhere, and has spoken at conferences like that of NAFSA: Association of International Educators. Megan has built and directed remote content teams and editorial strategies for several websites, including NerdWallet. When she`s not crafting her next piece of content, Megan adventures around her Midwest home base where she likes to drink cortados, attend theme parties, ride her bike and cook Asian food.
Lacie Glover is a Lead Writer and Editor with sixteen years’ experience in the insurance category. Prior to Jerry, she spent more than a decade on NerdWallet’s content team writing, editing and then overseeing the auto insurance category, as well as dabbling in other insurance and automotive topics. Prior to her career in the online personal finance content space, Lacie spent time in the hard sciences, in clinical research and chemistry labs. She has a bachelor’s degree from Colorado State University.
