An uninsured driver cannot escape liability for a car accident merely because he does not have automobile insurance. In fact, even when an uninsured motorist is only partially at fault a court often finds an uninsured motorist more liable than other parties. Below is an explanation of an uninsured motorist’s liability for a partial fault accident.
Partial Fault Explained
A “partial fault” accident is one in which no one party was solely responsible for the accident. The identification of a party being partially at fault is important when a court is awarding damages and assigning responsibility for repaying the injured party. In most states, an injured party’s recovery is reduced by the percentage of their liability for the accident. For example, an injured party that a jury finds 30% responsible for the accident will have his compensation award reduced by 30%.
Uninsured Motorist Liability: Payment
The court does not care that an uninsured motorist will have to reach into his own pockets to repay the injured party. While a court may provide a structured repayment schedule to assist the uninsured motorist with his obligation to reimburse the injured party, it will not eliminate or reduce the amount of award to the injured party merely because the responsible party is uninsured. This means that, financially, an uninsured party is solely and totally liable for the other party’s injuries and damages. Here again, though, the court will reduce the amount of the uninsured motorist’s liability by the percentage of fault attributable to the injured party.
Criminal Liability
In some states, driving without insurance is a criminal violation. As such, an uninsured motorist will need to defend himself against criminal allegations of negligently or recklessly operating a vehicle in contravention to the state’s insurance laws. This will require payment of court and lawyer fees as well as fines for driving without insurance. Most likely the driver will also have his driver’s license revoked and be put on probation.
Criminal liability is not the same thing as being responsible for a civil automobile accident. This means that fault for an auto accident does not automatically attach to the uninsured motorist. Fault for an accident must be proven. However, guilt automatically attaches to a person driving uninsured when the law requires all drivers to be insured.
Getting Legal Help
If you are involved in an automobile accident claim in which a party is uninsured, seek legal representation. An attorney will assist you with your defense if needed or proceed against the uninsured motorist to ensure that you obtain the compensation you deserve for your injuries.
