Can I File an Auto Accident Claim if Uninsured

Categorized: Auto Accidents

Can I File an Auto Accident Claim if Uninsured

If you’ve been in an auto accident where you were driving without insurance, you still may be able to file an auto accident liability claim against another driver if you can prove that he or she was acting negligently.

Both Pennsylvania and New Jersey require drivers within the states to carry auto insurance. Those who drive without insurance not only are putting themselves at risk of difficulty recovering damages in an accident but are also breaking the law.

Pennsylvania’s No-fault Laws

Pennsylvania is a no-fault car insurance state, meaning victims cannot file liability lawsuits against other drivers unless one of these instances is true.

  • They have full tort car insurance
  • Were a motorcyclist or pedestrian at the time of the crash
  • Sustained a serious injury

Since you’re uninsured, the full tort insurance option is out. If you have been seriously injured, though, or if you were a motorcyclist or pedestrian at the time of crash, then you can still pursue a liability claim.

New Jersey’s Car Insurance Laws

New Jersey is also an optional no-fault state; drivers can choose between traditional insurance (which allows for a liability claim) or no-fault insurance (where driver’s file a claim with their insurance). Like Pennsylvania, the no-fault laws are waived in the case of significant injury.

As such, even if you don’t carry car insurance, you still may be able to file an auto accident liability claim in the event that you suffer injury.

In New Jersey, severe injuries include these things.

  • Fractures
  • Disfigurement
  • Loss of a fetus
  • Scarring
  • Other permanent harm

Proving Negligence and Fault

An auto accident liability claim can typically only be pursued (and will only be successful) if the other driver acted negligently. If the crash were your fault, you could not file a liability claim.

Examples of negligence that can be used to hold the other driver liable for your injuries may include the following listed below.

  • Driving while impaired or intoxicated
  • Speeding
  • Swerving
  • Driving aggressively
  • Using a cell phone or other hand-held electronic device
  • Driving while fatigued
  • Failing to follow traffic laws

An attorney can help you understand negligence and how to prove it to reclaim damages.

Call a Car Accident Attorney Today

You should never operate a motor vehicle without insurance. However, if you do and you’re in a wreck, your recovery options aren’t completely lost. If the other driver was acting negligently, there’s still hope of pursuing an auto accident liability claim. To learn more, contact Cordisco & Saile LLP at 215-642-2335 today.

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