QUESTION
Do I need an attorney if I got in a car accident and didn't have insurance?
Asked on Jun 03rd, 2013 on Personal Injury - California
More details to this question:
I was in a car accident and the other driver was at fault. There is a little car damage but not much and I broke my hand. I am looking to file a claim with her insurance company but was worried because at the time, I did not have car insurance.
16 ANSWERS
You will not be able to collect anything for pain and suffering, just property damage for the car, medical bills, and lost wages.
Answered on Jun 03rd, 2013 at 11:58 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You lack of insurance should not be an issue.
Answered on Jun 03rd, 2013 at 10:44 PM
John Hone
You are out of luck in Michigan.
Answered on Jun 03rd, 2013 at 10:05 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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So long as you are not at fault anyway you should be making a claim and you should discuss it with an attorney.
Answered on Jun 03rd, 2013 at 10:05 PM
Monica Cecilia Castillo-Barraza
In California, if one doesn't have insurance, one can claim only the special (wage, medical, etc) damages, but no general ("pain and suffering").
Answered on Jun 03rd, 2013 at 10:04 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If you were not at fault it doesn't matter whether you have insurance or not.
Answered on Jun 03rd, 2013 at 10:04 PM
Ronald A. Steinberg
If you live in Michigan, you cannot make a claim because you had no insurance at the time of the accident. The laws of other states vary, so you should get a lawyer. You should also get auto insurance for your own protection.
Answered on Jun 03rd, 2013 at 9:59 PM
Lack of insurance, just like driving without a license or while intoxicated, make the party without insurance often culpable for the accident, regardless of who actually caused the accident. As such, if you want to seek compensation for your injury, it would be in your best interest to hire an attorney.
Answered on Jun 03rd, 2013 at 9:59 PM
Car Accidents Attorney serving Newport Beach, CA
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Russell & Lazarus
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The ability to bring a claim successfully is not dependent on whether or not you have insurance, but rather dependent on proof that other party being is at fault for the collision. I suggest that you contact a personal injury attorney to assist you. However, due to the fact that you had no insurance at the time of the collision, your right to recover your damages is limited to only your economic damages (past a future medical expenses, past a future lost income, and damage to your vehicle). Additionally, your license is subject to suspension for up to one year by the Department of Motor Vehicle for being involved in a collision while uninsured. So, I suggest you insure your vehicle before driving it.
Answered on Jun 03rd, 2013 at 9:59 PM
Thomas Edward Gates
Your lack of insurance is not an issue for you getting treatment. If the other party resists paying, retain an attorney to get medical costs and pain and suffering.
Answered on Jun 03rd, 2013 at 9:58 PM
Personal Injury Attorney serving Atlanta, GA
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Gregory S. Shurman, LLC
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You can make a claim, despite your uninsured status. Hiring an attorney is not necessary, but it is advisable.
Answered on Jun 03rd, 2013 at 9:58 PM
James Eugene Hasser
The fact you didn't have insurance does not prevent you from making a claim, nor does it affect liability. You might want to talk to an experienced personal injury lawyer, though, as they are trained to capture all of your injuries and damages. Good luck.
Answered on Jun 03rd, 2013 at 9:57 PM
NA richard@jandjlaw.com
In WA. If you were not at fault, were injured and not insured you can make a claim for your injuries with the insurer for the at fault driver.
Answered on Jun 03rd, 2013 at 9:56 PM
Personal Injury Attorney serving Beverly Hills, CA
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Hyp Law Group
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Yes you do.
Answered on Jun 03rd, 2013 at 9:56 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In South Carolina, I would want to know if you got charged by the Law Enforcement Agency that arrived at the scene of the accident with driving without insurance? If so, were you convicted of it. I ask this because usually they will charge you for driving without it but sometimes, if you show up at the magistrate's court and show them proof that you got it taken care of, they may dismiss the ticket. However, you could still have SCDMV to worry about if they received notice of it as well. However, no matter what happened on the insurance front, if the other driver was found to be at fault AND CONVICTED of the charge wherein he / she was found to be at fault, then you should (in most instances) still have a very strong claim against that at fault driver and their insurance company for the injuries you sustained as a result of that other driver causing the vehicle collision. I do hereby clearly advise against any reliance on this information as advice or the application of it to a specific situation without a more thorough consultation with counsel.
Answered on Jun 03rd, 2013 at 9:56 PM
Insurance Attorney serving Redlands, CA
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Orrock, Popka, Tucker & Dolen
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You are not required to have an attorney. However, you would not be asking this question if you did not need some help. Because you decided to drive without insurance your right to recover damages from the person who caused your injuries may be limited. An attorney can review your situation to determine the best possible outcome.
Answered on Jun 03rd, 2013 at 9:55 PM