Car Accident with No Insurance but You're Not at Fault
If you get into a car accident without insurance and you’re not at fault, you can still file a claim against the at-fault driver’s insurance company. The process isn’t always simple, though, and you’ll have to negotiate with the insurance company on your own or get help from a car accident attorney.
You could also get in trouble with the law. Most states require car insurance and you may face fines and other penalties for not having coverage.
Find Cheap Auto Insurance in Your Area
What to do if you’re in a car wreck without insurance
If you're an uninsured driver, take these steps after an accident, whether you're at fault or not, to protect yourself and increase your chances of getting a payout from the at-fault driver’s insurance company.
- Call the police
- Get medical treatment, even if you don’t think you need it
- Document the damage
- Don’t admit fault
- Consider seeking legal advice
- File a claim with the at-fault driver’s insurance company
Be honest when you talk to the police. Tell them that you don't have insurance, even though you'll likely get in trouble for it. Lying to the police about your insurance status could make matters worse.
You should also be prepared to pay higher insurance rates when you do buy coverage. Being caught driving without insurance will raise your rates.
Not having insurance may lower your settlement
Not having car insurance doesn’t mean you can’t file a claim with the at-fault driver’s insurance company. You can, and doing so could help you get money you need to help pay for car repairs, medical bills and other costs. But as an uninsured driver, the payout you receive from the at-fault driver’s insurance company may be lower.
No pay, no play rules
Uninsured drivers can be limited in the types and amounts of damages they get when filing claims. This is due to the rule known as "no pay, no play." Often, these rules keep uninsured drivers from collecting damages for pain and suffering, emotional distress, loss of enjoyment and other non-economic damages.
You’ll still be able to claim economic damages or damages that are easily documented. This includes costs like:
- Car repairs
- Medical bills
- Physical therapy
- Lost wages
Penalties for driving without insurance
If you’re caught, you could face several penalties, including fines, license revocation and difficulty getting car insurance in the future. Driving without insurance is illegal in every state except New Hampshire.
Fines
Fines for driving without insurance usually differ by state, but most uninsured drivers will have to pay between $500 and $1,000 after the first time they're caught. Second offenses can be much higher.
State | Fines |
|---|---|
| Alabama | $200-$400 |
| Alaska | $500 |
| Arizona | $500 |
| Arkansas | $1,000 |
| California | $100-$200 |
License suspension
Some states may suspend your driver’s license if you are caught driving without insurance one time. The suspension lasts for a few months to a year, on average. Most states require you to show your SR-22 form and proof of coverage to have your license reinstated. You may also have to pay a fee for reinstatement.
Other costs
If you're caught driving without insurance, you might have to pay other costs like attorneys' fees, your car repair bills and your medical expenses until you get a settlement payout from the at-fault driver’s insurance company. If you had insurance, your insurance company would likely pay for those costs, saving you money.
Harder to get insurance again
Insurance companies see uninsured drivers as a higher risk. If you have a record of driving without insurance and you apply for a car insurance policy, companies may not sell one to you. If they do offer a policy, your rates may be much higher to offset that perceived risk.
SR-22 insurance
Many states require uninsured drivers who get caught behind the wheel to buy SR-22 insurance for a certain number of years. This form proves that the driver has the minimum required insurance for that state. Keep in mind that you might pay more for car insurance during this time because of your higher risk. Having to file an SR-22 form is cheap, but being caught without coverage will raise your rates.
How to buy car insurance
Buying car insurance after getting into an accident as an uninsured driver might be difficult, but it can keep you from getting into trouble with the law in the future. However, since insurance companies often charge more for coverage after you’re caught driving without insurance, knowing how to find the best car insurance for your needs is key.
Start shopping around for car insurance
When shopping for a policy, you’ll need to get enough coverage to meet your state's minimum requirements. The requirements can vary, and the minimum limits may not fully cover the cost of damages if you're in an accident. Because of this, you might want to buy a policy that offers more than the required amount of coverage.
Start your search by exploring different insurance companies and coverage types. Feel free to get creative here. Ask your friends and family which insurance companies they recommend or explore the offerings from the top companies that work with high-risk drivers.
Compare prices and coverage details
It's a good idea to get quotes from more than one insurance company. This will let you compare their rates in detail.
Instead of focusing on the rates alone, consider looking at the policy and company as a whole. Look at these factors for each company you're interested in:
- Quality of their customer service
- Difficulty of the claims process
- Monthly rates
- Extra coverage you might need
See what others have to say about the coverage
Check reviews to see what others have to say about the insurance company, the claims process, and the quality of the coverage.
If reviews are good, chances are you'll have a similar experience. If the reviews all bring up similar pain points, it's more likely you'll experience similar issues.
Buy coverage
Once you find an insurance company you're comfortable with and a policy you can afford, you're ready to buy coverage. You can do this by visiting the insurance company's website, speaking with their customer service team or by working with a dedicated agent. They'll guide you through the process and can help you set up automatic payments so you never miss a premium payment.
Frequently asked questions
What happens if you have no insurance but the other driver is at fault?
If you have no insurance, but the other driver is at fault for the accident, you can still file a claim with their insurance company and negotiate to get at least a portion of the money you need to make repairs.
Remember, the negotiation process may be difficult and it's unlikely you'll get the full amount that you'd get if you had an insurance policy. You'll also likely get in trouble with the law and may have to pay fines for driving without insurance.
Should you file an insurance claim if you’re not at fault?
In most cases, filing an insurance claim with your insurance company for an accident if you're not at fault can be a good choice. When you file a claim, you give your insurance company the information it needs to fully investigate the accident and help you recover damages from the at-fault driver's insurance company. It can also protect your legal rights if the at-fault driver files a claim against you.
When you're not at fault for an accident, you're not required to file a collision claim with your insurance company.
Can you still get money if you’re not at fault for the accident?
Yes, you can still get money if you're uninsured and not at fault for the accident. However, the amount you receive might be lower than if you had insurance.
What happens if you get into a car accident without insurance but you’re at fault?
If you get into a car accident without insurance and you're at fault for the accident, the other driver may be able to sue you for damages. You could also be liable for their legal fees and may face license suspension, fines and other penalties.
Sources
Information about fines and license suspension has been sourced from Consumer Affairs.
Editorial Note: The content of this article is based on the author's opinions and recommendations alone. It has not been previewed, commissioned or otherwise endorsed by any of our network partners.