Can I make a personal injury claim even though I did not have insurance on my car?
Hi, I'm Paul Hernandez attorney at Kalfus & Nachman, handling cases across Virginia and North Carolina. Accidents happen every day. You never know when a negligent driver will crash into you causing serious personal injuries or property damage. I get questions every week concerning if a person can still get paid for their personal injury case if they did not have insurance on their own car. The problem happens quite often. Many times the driver does not know that their insurance has lapsed.
Maybe you are in a friend's car and you are not aware that he did not have insurance on his car. I mean, do you verify with your driver that he has insurance every time you get into their car? No, nobody does, but it actually is not a bad idea. Other times people cannot afford the monthly payments but they still need to get to and from work so they drive anyway. Either way, as long as you are not at fault for the accident and the at-fault driver does have insurance, you can still make a claim for personal injury and property damage.
You may wonder why this is so. The answer is easy actually. The fact that you have insurance or do not have valid insurance is not relevant to who's at fault for the accident. Similarly, the amount of coverage that you have has nothing to do with who's at fault for the wreck. You may have a $25,000 policy or a one million dollar policy. The fact remains that the other driver caused the accident. You need to be careful if you try to handle this type of case on your own. First of all, it is not relevant that you do not have automobile insurance. The defendant's insurance company may try to hold it against you that you do not have insurance and try to minimize your claim. Many individuals who do not know the rules will just listen to what the insurance company tells them.
I have helped a client this last year where the defendant's insurance company was denying his claim because this man didn't have actual automobile insurance coverage. He called me and I told him that's not right. After I got involved, I was able to escalate the claim to a claim supervisor and settle his claim for the policy limits. This type of insurance adjuster behavior is further support that when you're in an accident, it is always a good idea to call an experienced personal injury attorney and find out your rights and responsibilities. If you call Kalfus & Nachman, there is no charge for the call and there's no charge for the private consultation. We can perform the consultation in one of our offices on the phone or through video conference in the comfort of your own home.
If you have questions about making a claim following an accident, call me, Paul Hernandez at 888-487-8546. I answer questions like this every day. Thanks for watching.