Can I file a car accident claim if I don’t have car insurance?

A car accident claim may be filed against another driver if you were injured in a crash that wasn’t your fault. Keep in mind, however, that certain damages may not be recoverable if it’s found that you don’t have insurance. To learn more about your rights specific to your case, contact a lawyer for car accident in Clarksburg, WV at The Miley Legal Group.

Filing a Car Accident Claim When Not Insured

A third party car accident claim with the at-fault party’s insurance could still be filed if you are in an accident, even if you don’t have insurance yourself. Some states – although not West Virginia – have enacted ‘No Pay, No Play’ laws prohibiting uninsured motorists from collecting certain damages when in an accident they didn’t cause.

But penalties are strict for the uninsured. Not only could your driver’s license and vehicle registration be suspended, but you may even be fined or face jail time. In the state of West Virginia, it is against the law to be uninsured.

The minimum amount that motorists are required to carry is:

  • $10,000 for property damage;
  • $20,000 per accident with one injury; and
  • $40,000 per accident with two or more injuries.

You must also carry proof of insurance in your car. So if you are involved in an accident, expect the responding police officer to ask for it.

Seeking Help from a Lawyer for Car Accident in Clarksburg WV

According to the Insurance Information Institute (III), in 2009 13.8 percent of motorists in the country were uninsured. In West Virginia, 10.8 percent didn’t have insurance.

While it is required by law to carry car insurance, if you are injured by another driver you may still file a claim for damages. The Miley Legal Group can review your case if you are injured in a crash. We can explain the options you have available when filing a car accident claim. Call us at 888-436-0859.

Tim Miley
Injury Lawyer, Author, & Owner of The Miley Legal Group