Uninsured motorist accidents are taken very seriously by courts and state legislatures. Most states have enacted uninsured motorist laws which require all drivers to have insurance. However, despite those laws many drivers are uninsured, meaning that if you were involved in an accident you would have little to no compensation for your damages. At the same time, being the party responsible for an accident can have possible criminal repercussions.
Ticketing for Legal Violation
If your state requires all drivers to be insured and you were not and were involved in an accident you may be issued a ticket for violating the law. This ticket may or may not require you to appear in court, result in suspending your license or merely require you to pay a fine.
Arrest by Authorities
Some states have made failing to be insured while driving a felony or high level misdemeanor that will result in violations being punished by arrest. If arrested, you will be processed and placed in a holding cell for a maximum of 48 hours. At the end of these 48 hours you will be release. You may be able to obtain release earlier by paying a preset amount of bail or by promising to appear in court on the next business day.
Criminal Negligence Charges
In some states, violating laws that require drivers to be insured are viewed as acting negligently to the extent such behavior is criminal; acting criminally negligent means that you willingly and knowingly put the population in extreme and unreasonable danger. This charge will be prosecuted by the state’s attorney or other legal authority and need to be defended in court. If convicted, you could face jail time or a fine.
Driving Without a License
Driving without insurance can mean that the state considers you to be an unlicensed driver. This could result in your being brought up on criminal charges of driving without a license, a crime that can be punished either by a fine or through imprisonment.
Criminal Assault
Believe it or not, some states will view your involvement in an accident when you are uninsured to be criminal assault. This level of assault is an accusation of knowingly hurting an individual. If convicted, you may face jail time.
Getting Legal Help
If you are an uninsured motorist and are involved in an automobile accident, it is important to consult an attorney to protect yourself against potential criminal charges. An attorney will defend you in the situation of you being charged with a criminal violation or advise you on how to avoid such charges if they have not already been levied.
