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Can You File a Car Accident Lawsuit If You Don't Have Car Insurance? - Jones Law Group

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Getting into a car accident can be devastating. You can experience injuries that have an impact on your life, changing your quality of living and leaving you with tens to hundreds of thousands of dollars in medical debt along with other damages. If you’ve been the victim of a car accident, you may decide to sue the at-fault party for compensation. You can receive compensation for your damages, taking a lot of the stress of your back. But what if you were driving without car insurance? Are you still able to file a car accident claim?

Car Accident Statistics in Florida

Florida is a dangerous state when it comes to car accidents. In the United States each year, there are approximately two million serious injuries and 37,000 fatalities because of car accidents. In Florida, there were 3,183 fatal crashes in 2019. That means that there were 14.8 car accident fatalities per 100,000 people in Florida. The national average is only 11 per 100,000 people.

Road crashes are actually the leading cause of death in the United States for people aged 1-54, and these crashes end up costing United States citizens $871 billion a year in economic and societal costs.

Are Most People Insured in Florida?

Having car insurance is required no matter what state you’re in. Having car insurance protects you from any damage done to your vehicle or any injuries you may sustain when you are in an accident with another driver. Insurance protects you from a variety of things, depending on your coverage. It can protect you from having to spend money on repairs, rental cars, or even a new car if yours is totaled. It can also help you pay for medical costs if you choose the coverage.

But what happens when you don’t have insurance at all? Or when the person you’re filing a lawsuit against doesn’t have insurance? Well, first things first. Let’s talk about how many people in Florida have car insurance. In a study done by the Insurance Research Council, it was found that approximately 20% of Florida drivers didn’t have car insurance. That’s a fifth of the population! Florida ranks as the sixth-worst state in the nation when it comes to uninsured drivers. The national average is approximately 13%.

Filing a Claim When You Don’t Have Car Insurance

Whether you have major or minor injuries after your accident, you likely have some kind of medical debt, lost wages, or other damages. If you don’t have your own insurance, you may be worried about whether or not you can file a car accident lawsuit against the at-fault party.

So, can you file a lawsuit if you don’t have car insurance? The short answer is yes. However, many people who don’t have insurance and get into car accidents often don’t report their accidents, as they don’t want to deal with the fees associated with driving without insurance.

This is understandable, but when your damages such as medical debt and lost wages are high, these fees will seem insignificant. So, even if you’re driving without insurance, if you get into an accident, stop and get the other driver’s information. Then, stop and speak with a car accident attorney to see if there are any options for your case. Just because you don’t have insurance doesn’t mean you don’t deserve to be fairly compensated for your damages.

Cost of Driving Without Current Insurance

Unfortunately, even if you aren’t the cause of your car accident, you can incur some costs associated with driving while uninsured. When you file a police report documenting the accident, you’ll likely receive a ticket for driving without car insurance. As a result of this ticket, you’ll likely have your license suspended and you may have to pay a reinstatement fee. This fee can be up to $500. If you’re driving during a lapse of insurance, you may only receive a ticket, which can still come with a large fee attached.

To avoid these fees, always make sure that you have active car insurance while you’re driving. We know insurance is expensive, but so are the fines associated with not carrying it.

How an Attorney Can Help You File a Lawsuit Even If You Don’t Have Car Insurance

Here at Jones Law Group, we understand that Florida car insurance can be expensive. No matter what your reasons are for driving without insurance, we won’t judge you. We’re here to help you get the compensation that you deserve regardless of your reasoning.

Our talented team of attorneys will work hard to ensure that you are fairly compensated. With our years of experience, your case will be in great hands. For more information or to schedule a free case evaluation, please contact us online or by calling us at 727-571-1333.

About the Author

Heath Murphy is a partner at Jones Law Group and focuses on personal injury law. He has been working as a lawyer for 18 years and routinely writes about auto accidents, wrongful death, and personal injury laws.

Read more: Heath’s Bio