Finding Car Insurance Coverage When You Have No Insurance

Can You Bring a Car Accident Claim If You Have No Insurance But the Other Driver Is at Fault for the Crash?

We often get clients that 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.

Maryland law does not penalize you when making a civil car accident claim without car insurance. 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 in the event 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.

In fact, not only does it not limit your ability to bring a claim, the fact that you had no insurance will not be admitted as evidence at trial.

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 true for failing to have a valid license or driving on a suspended license. The sole focal point in determining whether you can bring a claim is whether it was your negligence or the other driver's negligence that caused the crash. That's it.

If you cause a car accident and it is your fault, you have a problem that is rarely going to have an easy solution. Our lawyers are not going to represent you. There is also not going to 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 fund 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 are going to 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.

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 very small 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 is going to 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, mark up your credit, and maybe even sue you until you reach an agreement with them. They are generally not going to require that you 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 really nice person and it is unfortunate 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 smart 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.