What happens if I was hit by an insured driver but I am uninsured?


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Question:

What happens if I was hit by an insured driver but I am uninsured?

Answer:

Not everyone has car insurance, although you are legally mandated to buy it if you own a vehicle. So, what if you do not have insurance and someone else hits you or hits your car. What is the answer to the question of "I was hit by an insured driver but I am uninsured?" The answer is that it depends. 

  • As a general matter, if you were a pedestrian when you were hit by the insured driver, then your insurance- or lack therefore- should have absolutely no impact what so ever. The driver who was responsible for hitting you will be responsible for paying the bills and you will have the right to collect your damages through an out of court settlement or through filing a lawsuit, whichever you choose. 
  • If you were illegally driving without insurance and you got your car hit by an insured driver, you can still generally collect your damages from him either through a lawsuit or through a settlement. Your own insurance status should not make a difference as long as the other driver was at fault for the accident
  • However, there are certain states- called no fault states- that may have slightly different rules. In these states, you are required to have your own insurance coverage, called personal injury protection or PIP, that provides you with compensation for medical bills and lost wages. Recovering through PIP is an exclusive remedy in these states unless your injuries are serious. If you don't have your own PIP, you may be covered by the PIP of someone else in your household as well. In any case, these states may have different rules and may limit your rights to sue based on getting hit by another driver. 

For help evaluating your particular situation in light of the laws where you live, you should strongly consider scheduling a consultation with a lawyer. 

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

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