What to Do When You Get Sued for a Car Accident With No Car Insurance

If you were the at-fault driver in a car accident with no auto insurance, you have to pay out of pocket for any damage or injuries you caused. The other driver has the right to recover damages from you, and here’s what to do if you get sued for a car accident with no car insurance - maintain good records of the accident, get a copy of the police report from the accident, and contact a car accident attorney.

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Tonya Sisler has a Bachelor’s Degree from the University of South Carolina in Journalism and has worked for 15+ years in management. She has also completed a proofreading certification and is currently a professional writer.

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Brad Larson has been in the insurance industry for more than a dozen years. He started out as a claims adjuster for a national carrier. He has since switched to the agency side of the business. Brad is licensed in all P&C lines.

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Reviewed by Brad Larsen
Licensed Auto Insurance Agent

UPDATED: Oct 28, 2020

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Car insurance laws require all drivers to have some form of auto insurance and driving with no car insurance can expose you to great risk including plenty of personal liability in the event of an accident. Car accident lawyers will often sue any driver with no insurance even in states with no-fault car insurance laws so what do you do when you are faced with a lawsuit.

Car accident lawyers are known to be aggresive and without car insurance you certainly have great financial exposure to legal costs and potential liability but with the right information its possible to help ease the financial burden and even assist in finding representation to help defend you.

While car insurance is mandatory for all drivers it also equally important to have sufficient insurance coverage in place. Whether or not you have insurance you can still be sued for any damages beyond your policy limits or for damages that are not covered by your policy. While driving with no insurance is certainly a key reason to be sued not having the right type of coverage can pose to be as equally bad.

In the event you are sued for damages from a car accident where you were driving with no car insurance its important to gather as much information you can for your defense. Many of these items are best gathered at the scene of an accident so if you have no insurance and become involved in a car accident always remember that you will never get sued at the scene but must prepare yourself for a potential lawsuit in the days ahead.

Maintain Good Records

While the natural reaction will be to make sure everybody is safe and call 911 for any injured parties its also important to focus on the details of the accident when everyone is cared for. This means documenting the scene through a police report or even your own notes (although your notes will not stand up in court they certainly will assist your lawyer). Try to document as many items as you can about the scene of the accident including:

  • Direction of travel for all parties involved
  • Location including any cross streets
  • Names of witnesses
  • Any road signs
  • Describe what happened
  • Names, ages, description and a count of all passengers by car

Always ask for an accident report to be filed especially if you believe the accident was not your fault. All of this information is very important as you never know if you will be sued until weeks or months after the car accident. If you are served with a lawsuit then try to retain respectable council. Having the details of the car accident will help almost any car accident lawyer preliminary determine who was at fault and help provide reasonable expectations of a defense. While sometimes its not what you want to hear you also want to avoid the costs involved with a lawyer having to research the details of a car accident only to tell you there is nothing he/she can do.

Maintaining records and having quality counsel are the best steps to answering any lawsuit arising form car accident damages. This will also be a key time for you to consider purchasing car insurance and learn about what types of car insurance are available in order to reduce future exposure to personal liability.

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