Skip to content
If you’ve been in a car accident without insurance, you may still pursue legal action. A civil claim can help to ease the burden of mounting costs, including medical bills, time off work, and other damages resulting from the wreck.
It’s normal to feel uncertain about your legal options if you don’t have insurance. At NST Law, it costs nothing to speak with a lawyer and get a case evaluation. Contact us anytime to learn more.
If you don’t have car insurance and were involved in an accident, we’ve compiled this guide to help you understand your options and relieve some of your most pressing concerns. You’ll find general information on your options if you or the other driver doesn’t have insurance, including possibilities if you’re at fault. For more personalized advice, reach out to an experienced car accident attorney.
What Happens if I'm at Fault and Don't Have Insurance?
Accident compensation for an uninsured driver is more complicated when that driver is at fault, but you still have options. These will depend on the car accident laws in your state, including those related to shared fault.
Most states allow you to sue for damages if you are partially at fault for a crash, but many limit the allowable fault percentage to 50 or 51 percent.
This conditional qualification is called modified comparative negligence, which Tennessee and Arkansas both follow. In both states, an at-fault party can pursue damages if their percentage of responsibility is less than the combined percentage of all others involved.
For example, if you are uninsured and 49 percent at fault for a car crash in Little Rock, you can still file a lawsuit against another party. Having insurance is not required to take this step.
Will the Other Driver's Insurance Cover My Damages if I Don't Have Insurance?
If you get into an accident without insurance, your compensation options depend on how the accident happened and the laws in your state. For example, in at-fault car insurance states, such as Mississippi, the responsible party’s insurance company is typically the first to pay damages after an accident. If the other driver is at fault, their insurance may cover your damages in an at-fault state.
Mississippi is one of several states that follow the rule of pure comparative fault. Unlike states with modified comparative fault, this system has no maximum shared fault limit for pursuing compensation. You can seek damages from the other party if you are not fully at fault for the crash.
As in modified comparative negligence states, the court will reduce compensation based on the plaintiff’s fault percentage.
Pure comparative fault systems do not require drivers to have insurance to file a claim. However, in states like Mississippi, where insurance is mandatory, drivers without policies can be subject to fines. Even if you’ve already been in an accident, consider purchasing insurance with uninsured motorist coverage.
How Can I Recover Compensation if I Don't Have Insurance?
If you don’t have insurance, filing a claim with the other party’s insurance is one way to get compensation. Different insurance policies, such as your health insurance, may also cover some of your costs. If your accident happened when you were on the job, you may be eligible to file a workers’ compensation claim.
Another option is to file a lawsuit against the other driver or a liable third party. Potentially responsible parties include a municipal government for poorly maintained roads or even a mechanic for using faulty parts contributing to the accident. An experienced car accident lawyer can help you determine who is responsible for your crash, including whether there may be multiple liable parties.
What if the Other Driver Does Not Have Car Insurance?
If both drivers are uninsured, recovering damages may be more difficult. There may still be options, but those will vary depending on your state and the circumstances of the accident.
The smartest move is to consult a local attorney experienced in uninsured motorist claims. Whether you are the uninsured motorist or the other party doesn’t have insurance, we have experienced lawyers in St. Louis, Memphis, and Little Rock who are ready to help.
Uninsured Does Not Mean Out of Options
You have a right to seek justice after a car accident, even if you don’t have insurance. Coverage may make the process easier, but lacking it doesn’t bar you from legal action.
As with any legal matter, state laws will determine what options are available to you. The best way to understand the possibilities in your case is to speak with one of our experienced local attorneys.
We are passionate about our clients and the communities we serve. If you or a loved one has been injured in an accident, call NST Law today at 800-529-4004 or contact us online for a free consultation.
