WHAT HAPPENS IF YOU GET HIT BY SOMEONE WITHOUT INSURANCE? - If you are find yourself in this kind of trouble, the first thing that will run into your mind is to look for solution because you don't want to die. You then decide to start searching for keywords like; i hit a car and i don't have insurance, insured driver hits uninsured driver, someone hit my car and i have no insurance etc.
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Even though you may be an excellent driver and at low risk of causing a crash, the same can’t be said for every driver on the road in Alberta. The most jarring claims are those caused by others, when you are at absolutely zero fault. If this happens, you can at least take comfort in knowing that their insurance will pick up the bill for your injuries and property damage, right? Wrong.
Even if the vast majority of Alberta drivers carry decent insurance with Third Party Liability limits of $1,000,000+, there are several notable exceptions that can leave you with a substantial financial burden through no fault of your own. The first is that the driver may not have sufficient limits to cover your serious injury and property damage, or they may have injured a number of claimants so their policy will be quickly exhausted.
Next, you could be hit by an unknown driver that flees the scene, leaving you injured and not knowing who caused the loss. Unfortunately, without other witnesses, it is rare for the police to track down the at-fault party in a hit-and-run.
Worst of all, you could be hit by someone without insurance at all. This, unfortunately, is the most common and most undesirable outcome of them all. Although the penalties in Alberta are steep (a minimum of a $2,875 fine even on first offence), approximately 10-15% of drivers choose to drive without legally mandated liability insurance coverage. In some provinces, such as Ontario, and in many US states, that number is even higher (up to approx. 1 in 4 drivers in Florida).
Further to that, these drivers are often those who have a hard time getting insurance due to their poor driving record (DUI, license suspension, etc.) or who are unable to afford it. This means that if you get hit by one of these drivers, although you are legally allowed to sue them for all damages caused, good luck collecting a judgment.
There several ways to protect yourself. With Collision coverage, your physical loss to your vehicle is covered, regardless of who is at fault. On the injury side, it is more complicated, but basic coverage is also provided under the Accident Benefits section B, which mandatory in Alberta.
Unfortunately, this is capped in a number of ways, including a maximum total payable of just $50,000 under this section. If you are seriously injured or off work for a material amount of time, Accident Benefits is not likely to properly cover you for your loss.
Fortunately, there is also coverage available under the SEF 44 Family Protection Endorsement, as well as from the Alberta Uninsured Motorist Fund. In the event that, after obtaining a legal judgment, you are unable to recover from an at-fault uninsured, under-insured or unidentified driver, you can go to the Fund for recovery (up to $200,000) and to your SEF 44 coverage for any balance remaining after that.
The limit on your SEF 44 matches the limit on YOUR Third Party Liability coverage, so it would typically be $1,000,000, $2,000,000 or higher. Considering that this endorsement is often less than $4 a month, it provides a substantial amount of protection from the highest-risk drivers on the road, those without proper coverage.
Car Accident With No Insurance: What Are Your Options?
Accidents are bound to happen, but can become suddenly more complicated if one of the person’s involved does not carry insurance. Being involved in a car accident with no insurance can be a costly mistake, and one should be aware of their options if it happens.
Most states require that a minimum amount of insurance is carried, but truly there is a 1 in 7 chance that an uninsured motorist will be involved in an accident. The majority that does not carry insurance cannot afford it in the first place.
Options When the Accident Occurs
Even if you happen to be the person that has the insurance, many times the chances of recouping from the uninsured person will be minimal. As stated before, someone that is uninsured most likely is that way because he can’t afford it. It is possible to seek legal action against that person, but you will end up responsible for those costs if the person is unable to pay.
It is possible that the insured person’s own policy has coverage for uninsured drivers. Many states make this coverage mandatory. Contacting your own insurance company or attorney following an accident is important as that person can quickly review the options and if you are covered.
Immediately following an accident, the police should always be contacted, and the vehicles not moved, even in the case of a hit and run. If an injury occurs, that person should also not be moved. As soon as the police arrive and have secured the area, those involved will fill out a written report. Sometimes a ticket is issued to one or both of the drivers and receiving the ticket is not an automatic admission of guilt.
Most importantly, contact your insurance company right away. Sometimes it is also necessary to contact an attorney specializing in car accidents with no insurance who can advise the next steps to take.
Being the Uninsured Driver
It may be that you are the uninsured driver. If that is the case, it is still important to involve the police for a written report in order to protect your rights. If the accident was not your fault, and the other person was insured, then his policy will be responsible for your damages.
However, if the accident was a result of something you did, it is still important to have a written statement. It is possible the other driver may sue for damages, and you will need proof of what actually happened. If contacting an attorney is possible, it should be done in order to further protect your rights and assets.
Depending on the type of accident, a payment schedule may be negotiated through the other driver’s insurance company to show good faith. As the uninsured driver, you may be only required to pay the deductible if the other driver’s policy had a rider for the uninsured.
Knowing your options regardless if you are insured or uninsured in this situation is important. Consulting an attorney or insurance specialist in order to understand the process further will be essential to settling the issue.