Personal Injury

What if I am in a car accident, but I do not have insurance?

Chandler | Conway

Chandler | Conway

Monday July 30, 2012

What happens after you are involved in a car accident when you are not covered under any auto insurance depends on (1) whether the accident was your fault, (2) whether the other driver(s) involved had insurance and (3) whether you or anyone else was injured in the accident.

In most states, including Nebraska, you are only required to have liability insurance coverage.  The minimum amount of auto coverage required under Nebraska law is $25,000/$50,000, or $25,000 per person with a maximun payout of $50,000 per accident.  Coverage for property damage is a separate issue.

In Nebraska, if you are injured in a car accident that is NOT your fault, it is irrelevant that you are not covered by insurance.  You may receive a criminal citation from a prosecuting attorney for driving without insurance; however, the fact that you are uninsured does not prevent you from recovering against the individual(s) who caused the accident.  Now, if the person who hit you is also uninsured, you may have difficulty recovering anything for your losses.

A major benefit of car insurance that most people are unaware of is uninsured motorist coverage.  Unfortunately, there are many drivers on the road who are not covered by insurance.  Having auto insurance not only protects you in the event that you cause an accident, but it also protects you from the situation in which you or a family member are injured by an uninsured, or underinsured, motorist.  If you have been injured in a car accident make sure to speak with you injury lawyer about any and all existing insurance policies which could possibly provide coverage prior to taking any action on your injury claim.  Often times, there are hoops that must be jumped through before you can recover under a specific insurance policy, and if steps are not taken in the correct order, you may end up barring yourself from any recovery.

Chandler | Conway

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