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If the two car involve in a accident, one does not have insurance... why the law does not punish the uninsured one?

Niland, CA |

I read several cases, many were involve with one car without insurance. the law required it, but in accident it seems forgive why.... what can the law or one who got insurance do in this case!

Attorney Answers 6


  1. Their license should be suspended until they provide proof of insurance.

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  2. Every state has mandatory LIABILITY insurance laws meaning that if you drive, you need certain minimum coverage in order to pay the other driver for property damage and/or personal injury. Every state also has laws that call for loss of driving privileges of a driver who was driving without mandatory minimum coverage, and was at fault in an accident. Unless he/she pays the amount of agreed damages, or signs state-approved forms obligating himself/herself to cover the debt (to be paid over time), then he or she is suspended from driving until and unless this is done. Plus, most states have criminal penalties for driving without insurance, and this may include jail time. Follow the criminal case and let the prosecuting attorney know about your unpaid losses. Insist on the driver being taken off the highways (by the Prosecutor's request to the criminal court judge) as a driver UNLESS the statutorily required financial settlement is put into a binding agreement.


  3. As a matter of public policy, states have laws that require you to have insurance to protect others in return for allowing you the privilege of driving a vehicle. There are penalties for operating a vehicle without insurance. It appears that not everyone who operates without insurance gets a ticket, according to your question. Without some facts, I cannot explain why.


  4. Driving is a privilege in California... not a right... and, it's a privilege that comes with great responsibility as the loss control of thousands of pounds of metal, chrome, carbon fiber, rubber, and flammable liquids at sixty or seventy miles per hour can cause grave bodily injury and death... as is seen on a daily basis on California's roads... should one not have insurance, and one causes an accident the victim is likely left with nothing but an uncollectible judgment... the law does not allow that... and the law punishes those that drive without insurance thereby risking other people's recovery should an accident happen... no different that the illegality of drunken driving... driving drunk is enough to put one in criminal trouble... even if said drunk was the safest driver on the road and caused no one any harm at all... the act of driving drunk is too risky to allow. To be clear... uninsured motorists are a menace... and the law does punish such menaces when caught, of course.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician

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  5. Most states, but actually not all, require insurance so everyone is protected.


  6. There are penalties to not having insurance.

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