What if I was in a car wreck but had no insurance?
Question: I was involved in an accident that wasn’t my fault. But I did not have insurance. Can I still make a claim for my injuries and car damages?
Answer: Yes, you can still make a claim. In every car accident case, there are two different parts. First is the insurance claim. In this part of the case, the claim is handled through the insurance companies for each of the drivers and passengers. Second, however, is the legal claim. These are two different, but related issues. Whether anyone had insurance has nothing to do with their legal liability for the accident. The only difference insurance makes is that if someone is legally liable for an accident, then the auto insurance is there to provide coverage for the damages. If there is no insurance, then either driver can still be held liable for an accident if they are determined to be negligent.
Although, as a practical matter, if someone is held legally liable for an accident and did not have insurance, it would be nearly impossible to collect anything for the damages and injuries sustained in the accident. But if you are not liable for causing the accident, then the fact that you had no insurance is irrelevant. Likewise, you would still be entitled to collect for your losses.