You may worry about several things after being in a car accident, but concerns about whether the other car is street legal is normally not one of them. However, cars are required to have certain features and meet certain requirements for them to be allowed on the road.
What happens when those laws are not followed? What happens when the other driver’s car is not “street legal?”
We have asked attorney, Alaina Sullivan, about the issue of illegally modified cars. Here is what she had to say:
What is “Street Legal?”
What does “street legal” mean, exactly? Should you expect Vin Diesel behind the wheel? Just because a car is not “street legal” does not mean that it is an extra from a Fast and the Furious movie set. Essentially street legal means that the car has equipment or features the law requires so that the car can operate legally on the roads at any time, without restrictions.
It also means that there are no modifications to the car that the law would forbid. Every state has its own standards, and these standards can involve cosmetic modifications to the car as well as emissions standards.
What Are the Consequences of Not Being Street Legal?
One of the big consequences of modifying your car without following your state's motor vehicle laws is you could lose your car insurance coverage.
You can purchase specialized car insurance coverage on your vehicle if it is deemed more as a race car, but there would be restrictions placed on the coverage.
The restrictions vary based on your state and the modifications you have made to your vehicle.
What does that mean for you, as the injured party? If the “street illegal” car does not have car insurance or adequate coverage, the amount you can seek when filing a claim against the at-fault driver’s insurance policy can be reduced or nothing at all.
In that situation, you would have to file a claim on your own policy for damages and injuries. That would negatively affect you, obviously, with your policy, including paying up to your deductible amount and potentially raising your insurance rates.
Personal Injury Claim
However, all is not lost. If you are not able to pursue a claim against the at-fault driver’s insurance policy, you can pursue a personal injury legal claim against the driver personally. Most personal injury cases are based upon the premises that the other driver was negligent in the way he or she drove, leading to the accident.
This negligence is based upon a duty of care each driver holds, to operate his or her vehicle properly and reasonably on the road, including following all laws and regulations. Arguably, if the driver is on the road in a car that is not street legal, he or she is not following the law and is not following this duty of care.
Depending on what type of car was involved and just how far out of the state's guidelines the car was, you could even argue the driver was reckless. For instance, if the driver is operating a race car and driving erratically and recklessly, you could pursue more than just a negligence claim.
In fact, you could even seek pain and suffering for your injuries if they are severe and result from the other driver operating his or her vehicle that is “street illegal” in a manner that is in willfully violation of the law.
Granted, the costs of pursuing a legal claim can be significant. It takes a great deal of time and effort, as well as legal costs, to seek compensation via the legal arena. Attorneys are compensated based on a contingent basis, meaning they are paid only if you are, in personal injury cases.
Therefore, your claim against the other driver should be significant enough to warrant pursuing a case. An attorney should be able to review your case and advise you if this course of action is the best one for you.
No-Fault Insurance State
However, if you are in one of the twelve states where no-fault insurance is the standard, it would not matter whether a car is street legal. In these states, the term no-fault means that you file a claim with your own insurance provider regardless of fault.
Therefore, even if the other car does not have insurance coverage because of the street legal value of the vehicle, your own insurance provider would still handle your claim.
Contact an Attorney Today
If you have been involved in a car accident where the other car is not considered “street legal,” you should contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
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.
