No Fault State Versus Tort State

It is important to recognize the penalties of driving without car insurance to better understand your legal rights in case of an auto accident. Below are the differences between a “no-fault” and “tort” state to better understand the consequences of not owning insurance where you live.

  • “No fault”: If an individual is hurt in an auto accident, the driver is supposed to seek compensation from their own insurance company. If you do not own insurance but were in an auto accident and were at fault, the other driver cannot make you a defendant in a lawsuit in order to pursue compensation. If you were to have a lawsuit filed against you for not owning insurance, you would be required to pay for a lawyer and the damages to the other driver out of your own pocket.
  • “Tort”: If you were to get into a car accident and the other driver was injured, then that driver can sue you for their injuries. If you do not own a car insurance policy, it is your responsibility to pay for them out of your own pocket. If you were in an accident and it was the other driver’s fault, you are limited to what types of compensation you can receive with or without a lawyer. Look to Staskus Law Firm when seeking a car accident lawyer in San Jose, CA.

Contact us at (844) 286-5241 to schedule a free consultation to learn whether you live in a “tort” state or a “no-fault” state.