What To Do After a Car Accident if You Don’t Have Insurance
North Carolina, like other states, requires every driver to carry auto insurance. You could get into trouble if you get into a car accident with no insurance, even if the accident was not your fault. Naturally, you could get into even more trouble if you caused a car accident while driving without insurance. Below is a description of some of the steps you need to take.
At the Scene of the Accident
Take the following actions at the scene of the accident, assuming that you are not too seriously injured.
Check for Injuries, Call 911, and Remain at the Scene of the Accident
Call 911 if you even suspect that someone might be injured. Keep in mind that sometimes people suffer serious internal injuries that cannot be seen from the outside. Remember that it is against the law in North Carolina to leave the scene of an accident in almost every scenario.
Photograph Anything You Can Use as Evidence
Just because you are driving without insurance doesn’t mean the accident was your fault. If you believe the accident was the other driver’s fault, photograph everything you can, such as skid marks, the position of the cars on the road, license tags, witnesses, injuries, and more.
Cooperate With the Police When They Arrive
The police will probably arrive at the scene of the accident. Cooperate with them so that the police report will accurately reflect what really happened. Yes, you will be in some trouble for driving without insurance, but you would have been in more trouble if you had run from the scene of the accident.
You Might Face Penalties for Driving Without Insurance
Driving without insurance is a Class 1 Misdemeanor. Possible penalties include suspension of your driver’s license and registration for up to 30 days, a fine of $50 to $150, probation for up to 45 days, and possible jail time of up to 45 days (for repeat offenses).
Your insurance company might also raise your premiums, and you will get three points on your driving record. There is a license reinstatement fee of $50.
You Might Face a Lawsuit Against Your Personal Assets
North Carolina is an “at-fault” state. If you were at fault for the accident, anyone injured in the accident can sue you or your insurance company for damages. If you don’t have insurance, the other driver might target your personal assets.
Ultimately, this is one major reason why people buy liability insurance: to protect their personal assets against a possible civil lawsuit.
Contributory Negligence Might Eliminate One Party’s Liability
If the accident was mostly your fault and you are worried that you will face personal liability, take heart. Under North Carolina’s contributory negligence rules, you can eliminate 100% of your liability to anyone injured in the accident if you can prove that they were even one percent at fault. North Carolina is one of the few states that allow a defendant to do this.
Conversely, the same rules can eliminate the liability of an at-fault driver towards you if you were even one percent at fault. Your lack of insurance does not figure into this calculation, since it was not a cause of the accident.
Contact a Car Accident Lawyer Before It’s Too Late
If the accident was the fault of the other driver’s negligence, you might be entitled to compensation even if you were uninsured at the time of the accident. You will need strong legal representation, however, to make it out of North Carolina’s draconian contributory negligence system. Contact a car accident attorney today for a free case review to get started.
Even a minor car accident can have unexpected consequences. Suppose you’re dealing with injuries, insurance disputes, or property damage. In that case, hiring an experienced auto accident attorney can make a huge difference in your case.
For more information, contact an experienced car accident lawyer at Chandler Volta Personal Injury Lawyers to schedule a free consultation.
We proudly serve clients in Charlotte, NC, and its surrounding areas:
Chandler Volta Personal Injury Lawyers
1009 East Blvd Suite 110, Charlotte, NC 28203
(704) 980-9999