Almost every state in the country, with the exception of New Hampshire, requires drivers to have some sort of car insurance before taking a vehicle out onto the road. Auto accidents can be financially and physically devastating, leaving victims with a loss of income or, in a worst-case scenario, loss of their body and/or life. The mandate of insurance is meant to help with the potential damages and costs, but that law is not always followed by every driver. So, what happens if you do get in an accident with someone without insurance?
Unlike a state like New York with a no-fault policy and parties have to file with their own insurance company, Arizona requires a determination of fault. The peril of this comes into play when another person directly causes the accident but doesn’t have the insurance to cover the costs. Without an insurance company to pay out your damages, the only resolution you have is to go through the court system. At this point, it’s important to consider hiring an experienced auto accident attorney, while keeping in mind that even if you win your case, the other party may not be able to afford to pay you.
This is not a situation you want to be in. Not only can you be subject to fines and penalties for not having insurance in Arizona, but you can also be taken into court to pay for the damages to the other party. This is not a process you want to end up being a part of considering the legal costs and damages. Given the comparative negligence statute in Arizona, it is still possible to recover some damages, as long as you weren’t completely at fault. This is another circumstance where hiring an attorney to represent you and your interests is potentially beneficial.
Many auto insurance companies offer an optional kind of add-on to your car insurance to cover you in the event that you are hit by a driver that is uninsured or underinsured. Some states actually require this to be a part of your insurance; Arizona is not one of them. If you’re concerned about an accident like this happening to you, it may be in your best interest to inquire about how much this optional insurance costs. If you win a personal injury claim in court, wage garnishments for the at-fault driver can help you recover some of your loss, but they won’t necessarily help you out in a timely fashion. This is where the un/underinsured insurance can assist you, if you choose to opt for it.
Sometimes the circumstances of an auto accident require you to hire the services of an attorney. Maybe there are assets you’re entitled to that emerge during the course of a case, or maybe your damages are so severe that insurance limits just won’t cover your medical expenses. Whatever the circumstances may be, you can contact us at ELG Law for a free consultation. Call 623-321-0566 and speak to one of our experienced attorneys. Insurance can try to protect you before an accident happens, but ELG Law can be there for you afterward.