Car Accident Without Insurance & Not at Fault in Florida

Car Accident Without Insurance Not at Fault Florida

There are few things that can make your commute even more challenging than being in a car accident. Before even thinking about insurance, you have to deal with a long list of concerns and issues. Injuries, property damage, car repairs, lost wages, medical bills, and talking to the police are just the main examples.

Yet, if you are in an accident, and you don’t have insurance, this single problem can jump straight to the top of your list. Learning as much as you can about what the law says on this topic is one of the best things you can do in this situation. The following guide can help you understand your options, and especially how a car accident lawyer can help if you were in a car accident without insurance and still not at fault here in the state of Florida.

What happens when there’s a car accident in Florida?

Florida law is very clear that every owner or driver of a motor vehicle is required to (a) register the car and (b) have car insurance for a minimum of $10,000 in Personal Injury Protection and $10,000 for Property Damage Liability. If you know that there will be a period of time when your car won’t be insured, you are required to notify the Department of Highway Safety and Motor Vehicles (DHSMV). Your driver’s license and car registration will then be suspended. In order to reinstate the registration, you’ll have to provide proof of insurance.

That being said, there are still plenty of people who drive on our roads without car insurance coverage. In the event of an accident, this can come with legal ramifications, even if the driver without insurance wasn’t at fault. Here are the main penalties that come with driving without insurance under Florida law:

  • A $150 reinstatement fee for the first offense
  • A $250 fee for a second offense and $500 for any subsequent offenses within three years
  • License and registration for up to three years unless timely proof of insurance can be shown

Florida law also imposes requirements when a driver is involved in a car accident. Any driver in an accident should:

  • Stop the car immediately and if possible, keep it from blocking traffic
  • Render assistance to anyone who’s injured
  • If there is damage to any of the cars involved or someone else’s property, or if someone is injured or the accident results in someone’s death, the parties involved are required to provide their name, address, vehicle registration number, car insurance information, and driver’s license to other parties in the accident as well as to law enforcement officers at the scene

Not all car accidents end up with police on the scene. Sometimes, the damage is minor, the parties exchange information, and attempt to deal with the situation among themselves and the insurance companies. Unfortunately, that isn’t always the case.

Florida Statutes require a written police report of the accident under certain circumstances including:

  • The accident involved a commercial motor vehicle
  • One of the parties was injured or complained of pain, or someone died
  • One of the cars involved in the accident is now inoperable

Since many accidents meet at least one of the requirements above, chances are high that you’ll have to provide insurance information to other parties and to a police officer. This is the case regardless of who was at fault for the accident.

What if you were not at fault in the accident?

It is illegal to drive without car insurance in Florida. Therefore, even if you were not at fault for the accident, if you were driving without car insurance, your driver’s license and vehicle registration would be suspended for up to three years, and you would face fees of up to $500, depending how many times you’ve been caught driving without car insurance.

If you’re caught driving an unregistered car, it could be considered a misdemeanor, depending on the circumstances, and you could face both fines and jail time. Additionally, if your car was damaged or you suffered injuries, it can be extremely difficult to collect damages even with a favorable legal judgment.

How An Attorney Can Help In a No Insurance and No Fault Case

Despite the legal and financial difficulties of being in an accident without insurance, there are always options to receive compensation for damages and minimize legal penalties. Every accident and accident investigation is different and certain factors can affect both legal and financial liability. For example, insurance companies in Florida are required by law to offer optional coverage in the event of a crash involving an uninsured motorist. Because of this many motorists in Florida do have coverage protecting against underinsured and uninsured drivers.

A qualified and experienced attorney can help you understand your options, including how to obtain insurance coverage. Accident attorneys can also conduct a thorough investigation into the steps law enforcement and insurance companies have taken in your case to determine if you are being treated fairly under the law.

Call Clark Hartpence Law If You Were Involved in a Car Accident in Tampa Bay

When you get into a car accident, the first thing to do is seek medical attention. The second most important thing is to consult with a personal injury attorney as soon as possible in order to discuss the details of your crash and to determine the best course of action.

Let the experienced car accident attorneys at Clark Hartpence Law help you. If you or someone you love was involved in an accident, call us at (855) 680-4911 or schedule a free consultation.

Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.