You cannot always control who you encounter on the road, and when you get into a car accident, you run the risk of the at fault driver being without car insurance. You similarly run the risk of encountering someone who is not legally here in the U.S.
How does this affect your claim for personal injury damages? Will these two factors prevent you from being compensated for your injuries?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
No Fault Insurance
The easiest answer to this question would be if you live in a state that is one of the 12 “no fault” states. Currently a dozen states, including Florida, Michigan, New Jersey, New York, Pennsylvania, Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah, as well as the District of Columbia and Puerto Rico have no fault insurance laws.
This means that all drivers are required to hold policies that cover them in the event of an accident no matter who is at fault. These policies cause premiums to go up for insured drivers in these states, but they force policyholders to claim any accident on their own policies rather than pursuing compensation from the other drivers’ policies.
Therefore, if an uninsured driver who is not an American citizen hit you, that does not matter in the eyes of your insurance company.
Uninsured Motorist Coverage
Odds are, if the driver is not insured, he or she is not going to have the financial means to pay for your damages, or he or she is not going to be willing to even disclose his or her personal information so that you can evaluate whether they have the means to compensate you.
In this situation, having uninsured motorist coverage will protect you. Uninsured motorist coverage will allow you to claim the accident on your own policy rather than pursue damages from a party that is unlikely to be able to pay.
As it stands now, 21 states plus the District of Columbia require drivers to carry uninsured motorist coverage. If you do not have this type of policy in your coverage, talk with an agent to see if it is something worthwhile for the future.
Do I Even Have Jurisdiction?
If you do not have no fault or uninsured motorist coverage, you will find yourself pursuing a claim against the driver for any damages that go above what your own policy will cover. However, does the driver’s status as a legal or illegal immigrant affect your chances of suing that person? The answer is no.
Jurisdiction does not have to do with the person being legally here but rather where the actual accident occurred. If the accident occurred in the jurisdiction in which you are suing, that uninsured, immigrant or illegal immigrant driver will be held responsible.
Instead of jurisdiction, the only issue you may have is actually receiving your compensation. In the event the driver is illegal, that person may be deported, making your ability to pursue payment difficult, or if the driver does not have insurance, as stated before, you may not be able to get payment since the driver’s financial resources may be fairly limited. Regardless, you do have the right and the ability to pursue compensation through a personal suit against the driver.
Contact an Attorney Today
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
