Personal Injury Claims: No Auto Insurance

If you've been injured, you might decide to sue the person you believe is responsible. This is known as a personal injury case. But what happens if you don't have auto insurance?

In most states, auto insurance is a legal requirement, and driving without it can result in fines, a suspended license, and personal liability for damages. However, if you live in a state that doesn't require car insurance, such as New Hampshire or Virginia, and you are not at fault in an accident, you may still be able to obtain damages from the at-fault driver's insurance company. On the other hand, if you are at fault in an accident and don't have insurance, you will be held personally liable for all damages.

Even if you have insurance, it's important to consider whether the defendant has the financial means to pay a damages award. If they don't have insurance or sufficient assets, you may need to ask yourself if suing is worth the time and expense.

Personal injury cases without insurance are often fruitless

Litigation is a stressful experience for both plaintiff and defendant. It is not a simple matter of the plaintiff hiring a lawyer and letting them handle everything. A lawsuit will require a lot of input from the plaintiff and may involve their character being questioned. Even if the plaintiff's main goal is to punish the defendant, the process can be punishing and expensive for the plaintiff as well.

The reality is that even a strong personal injury case is worthless if there is no "pot" of money to draw compensation from. This is especially true if the injuries are from something other than an auto accident. In such cases, suing a defendant with no assets, insurance, or other sources of money may not be worth it, regardless of how negligent the defendant was. Determining sources of recovery can be complicated, and it is usually in a plaintiff's best interest to hire an attorney or investigator to ascertain whether suing is worth it.

If the injuries are from an auto accident, the plaintiff may be able to recover damages from their own insurance company without a lawsuit against the defendant, depending on their insurance coverage. Almost every state requires insurance companies to offer underinsured or uninsured motorist coverage (UIM coverage), and about a dozen states have "no-fault" laws, where the plaintiff's insurance company reimburses them for damages, and no lawsuit is necessary or even permitted. In these cases, UIM coverage will pay the plaintiff's damages, including lost income, medical bills, auto damage, and pain and suffering, if the defendant has little or no insurance.

Plaintiffs can claim for medical expenses, lost wages, and emotional distress

When a plaintiff is injured in an accident, they can file a personal injury lawsuit to receive compensation for their losses. This compensation can be claimed for medical expenses, lost wages, and emotional distress.

Medical Expenses

Medical expenses are a type of "special damages" that can be claimed in a personal injury case. These expenses include the cost of medical treatment, both past and future, that is necessary and reasonable for the injury sustained. The plaintiff must provide adequate documentation of their medical bills and prove the necessity of the treatment, usually through witness testimony from the treating physician or an expert witness. The reasonable amount of medical bills is determined by the amount paid or required to be paid, which may be different from the actual bill, especially if the plaintiff has health insurance that covers a portion of the cost.

Lost Wages

Lost wages, also known as loss of earnings, is another type of special damage that a plaintiff can claim in a personal injury case. This includes any wages, commissions, bonuses, or other financial earnings that the plaintiff would have received if the injury had not occurred. To claim lost wages, the plaintiff must provide evidence such as pay stubs, W-2 forms, and testimony from themselves, coworkers, accountants, or clients.

Emotional Distress

Emotional distress damages are designed to compensate the plaintiff for the psychological impact the injury has had on their daily life. This can include sleep loss, anxiety, fear, depression, humiliation, and other psychological issues. It is important for the plaintiff to document their emotional distress through medical treatment and daily journaling to strengthen their claim. The availability and amount of emotional distress damages can vary depending on the nature of the injuries and the specifics of the case.

Defendants without insurance can face fines, suspension, and personal liability for damages

If you are a defendant in a personal injury case without insurance, you may face a range of consequences, including financial liabilities, fines, suspension of your driver's license, and other legal penalties.

Financial Liabilities

If you are found at fault and liable for the injuries and damages caused in an accident, you will be responsible for covering the costs associated with those damages. This can include medical expenses, lost wages, property damage, and pain and suffering. Without insurance, you will have to pay these costs out of pocket, which can be financially devastating.

Fines and Legal Penalties

Driving without valid insurance is illegal in most states and can result in significant fines. For example, in New York, if your vehicle is uninsured and involved in an accident, the state's Department of Motor Vehicles (DMV) will revoke your driver's license and vehicle registration for at least a year, and you will be subject to a fine of up to $1,500. Additionally, you will need to pay a $750 civil penalty to the DMV to restore your driver's license.

Suspension or Revocation of Driver's License

In addition to fines, the DMV in most states will impose penalties that include the suspension or revocation of your driver's license for a period ranging from a few months to a year. This means you will temporarily lose your driving privileges until you can provide proof of insurance and comply with the state's financial responsibility laws.

Jail Time

While rare and dependent on specific circumstances, jail time is a possibility if you cause an accident without insurance. This typically applies only if the accident was caused by a willful violation of the law or with the intent to harm.

Personal Injury Lawsuit

If the plaintiff decides to pursue a personal injury lawsuit against you, they may be able to collect compensation beyond your insurance policy limits by seeking additional payment directly from you. This can include wage garnishment or placing a lien on your property, depending on your income and assets.

Uninsured motorist coverage is a valuable add-on to auto insurance policies

In the unfortunate event of an accident, uninsured motorist coverage can help cover the cost of repairs to your vehicle and medical bills for you and your passengers. This type of coverage is especially important if you live in a state with a high rate of uninsured or underinsured drivers, such as California. Without this coverage, you could be left paying out of pocket for repairs and medical expenses, which can quickly become costly.

Uninsured motorist coverage typically includes two types of protection: bodily injury and property damage. Bodily injury coverage can help pay for medical expenses, pain and suffering, and lost wages for you and your passengers. Property damage coverage, on the other hand, can help pay for repairs to your vehicle and may even cover damage to your house, fence, or personal items if they are affected by the accident.

In some states, uninsured motorist coverage is mandatory, while in others it is optional. However, even if it is not required in your state, it is a serious risk to drive without it. According to the Insurance Information Institute, nearly 13% of drivers countrywide do not have auto insurance, and this number can be over 20% in some states. This means that there is a significant chance that you could be involved in an accident with an uninsured driver, leaving you financially vulnerable.

Ultimately, uninsured motorist coverage can provide valuable peace of mind and financial protection in the event of an accident with an uninsured or underinsured driver. By adding this coverage to your auto insurance policy, you can ensure that you and your passengers are protected and avoid the potential stress and expense of paying for repairs and medical bills out of pocket.

Plaintiffs can sue defendants for negligence or battery

A personal injury case can be filed against a defendant who has no auto insurance, but it is important to consider whether the defendant has the financial means to pay damages. If the defendant is not a corporation or a wealthy individual, the only source of payment for a damages award will likely be their insurance policy—if they have one.

California's "assault law," Penal Code 240, defines "assault" as an attempt or threat to commit a violent injury on someone else. "Battery" is defined under Penal Code 242 as the willful and unlawful use of force or violence on another person. The force does not need to be significant to constitute battery.

Who Can Sue for Assault or Battery?

If you have been the victim of an unprovoked threat or use of force, you can sue for damages. An exception is if the contact was consensual, such as in a martial arts class, unless the force used exceeded what was expected and reasonable.

A criminal conviction is not required to file a civil lawsuit for assault or battery. You can sue even if charges are never filed or if the defendant is found "not guilty" at trial. However, filing a police report after being assaulted or battered is generally a good idea for several reasons:

• Witnesses are more likely to cooperate with the police.
• The defendant cannot use your failure to go to the police to attack your credibility.
• If the defendant is convicted, you can use it to establish legal liability in the civil suit.

Burden of Proof in Civil Assault and Battery Lawsuits

In a civil case, the burden of proof is on the plaintiff. The plaintiff and their lawyer must show that the defendant committed an intentional act that caused apprehension of imminent harm. If the plaintiff was a victim of battery, they need to provide medical bills, proof of lost income, and other evidence to support their claim.

The standard of proof in a civil case is "preponderance of evidence," meaning it must be shown that it is "more likely than not" that the defendant committed the offense. In contrast, a criminal case requires proof beyond a "reasonable doubt."

Statute of Limitations

The statute of limitations for assault and battery cases in California is generally two years from the date of the injury. However, it is beneficial to file a lawsuit earlier while memories are fresh, especially when the extent of injuries is clear.

Recoverable Damages

In a civil suit, the plaintiff may recover economic and non-economic damages, including:

• Medical expenses
• Lost wages and future income
• Pain and suffering
• Emotional distress
• Loss of consortium

Additionally, punitive damages may be awarded in assault and battery cases when the defendant acted with "fraud," "malice," or "oppression."

Frequently asked questions