Uninsured motorist laws protect parties injured in an accident involving a driver without insurance from not being able to obtain compensation. These laws take many forms, including requiring all drivers to be insured, asking insurance companies to offer uninsured motorist coverage to customers and, sometimes, to preventing uninsured motorists from collecting damages if they are involved in an accident.
Eliminating Noneconomic Damages
Some laws prohibit uninsured motorists that have been involved in an accident from recovering for anything other than the actual costs of repairing damages and medical treatment. These laws usually make no distinction for whether or not the uninsured party was at fault. Traditionally, noneconomic damages are those damages that are not calculable based on actual costs, such as pain and suffering and loss of companionship.
Limitation to Operation and Use of a Vehicle
States that limit uninsured motorists to only recovering economic damages state that the law applies to any accident relating to the Operation and use of a vehicle. What this means is that if the accident is in any way relatable to driving the car, the uninsured motorist is still prevented from recovering. This becomes important in accidents that occur with parked cars or while standing still when the driver is uninsured.
Comparative Negligence Laws
Some states have laws which state that a partys recovery will be reduced by the amount of fault attributable to his or her actions. This means that if an uninsured party is found to be fifty percent at fault for the accident, the amount of compensation awarded to him or her would be cut in half. This is particularly important in situations where the law also prevents uninsured drivers from recovering noneconomic damages as it would further reduce their award.
Contributory Negligence Laws
Less prevalent because of their severity, some states have contributory negligence laws which essentially state that if the injured party was even a fraction of a percentage at fault, he or she cannot recover anything. If the uninsured motorist was injured in the accident and was not the main cause of the accident, this law could prevent him from recovering.
Similarly, some states have identified driving without insurance, whether or not in contravention to the states laws, as an indication of fault. If that state were also a contributory negligence state, the uninsured driver would be prevented from recovering.
Get Legal Help
If you have been involved in an accident in which you were uninsured, seek legal representation. A lawyer will assist you in analyzing the facts of your case and the states laws to see what, if anything, you can recover.
