What Happens If the Person at Fault in an Accident Has No Insurance in Alaska?

The state of Alaska follows an at-fault auto liability system. This means the driver who causes an accident must assume legal responsibility for the losses resulting from the crash. To manage the economic risks associated with accidents, drivers are legally mandated to carry insurance coverage. If an uninsured driver is at fault in a collision, they may face significant penalties, including civil lawsuits, fines, and the suspension of their license.

When an at-fault driver lacks insurance, accident victims can directly sue the uninsured driver to recover losses. These losses can encompass medical expenses, lost wages, vehicle repair costs, and other damages. However, securing full compensation can be challenging if the uninsured driver has limited financial assets.

Alaska's policy is designed to protect innocent drivers by prioritizing accident victims and ensuring they receive appropriate compensation. This approach discourages drivers from evading insurance to save money and aims to enforce financial responsibility and long-term accountability among uninsured drivers. Driving without insurance is classified among Alaska traffic violations and infractions and may result in license revocation, reinstatement fees, and mandatory proof of future financial responsibility through an SR-22 filing.

Is It Illegal To Drive Without Insurance In Alaska?

Yes. For all vehicles subject to registration per AS 28.22.101 and 28.22.019, drivers are required to secure auto liability insurance policy or its equivalent, Proof Of Financial Responsibility (POFR), which must be carried in digital/paper form at all times when in possession of a vehicle.

In Alaska, failing to provide evidence of insurance to a peace officer can lead to vehicle impoundment, license suspension, and fines. For at-fault drivers in accidents causing injuries, property damage, or death exceeding $501, state law mandates SR-22 filing. This requirement lasts for up to three years before a driver's license can be reinstated. Additionally, accumulating 12 points within a 12 or 24-month period may result in mandatory license suspension or revocation of driving privileges, regardless of personal hardship.

What Is the Minimum Insurance Requirement In Alaska?

Alaska's minimum insurance requirement is as follows:

• Bodily injury liability
  • $50,000 per person
  • $100,000 per accident involving multiple injured persons
• Property damage liability
  • $25,000 per accident

It is also called 50/100/25 coverage.

Although not mandatory, uninsured/underinsured (UI/UIM) and MedPay are coverages offered by insurance companies that help compensate parties involved in accidents. While MedPay covers reasonable medical expenses of victims of an automobile accident irrespective of the defaulter, UI/UIM policy covers damages/injuries from an accident if the at-fault driver has limited/no insurance coverage to cover damages.

What To Do After A Car Accident With an Uninsured Driver?

In Alaska, accidents involving death, injury, or damage to property over $2,000 must be reported to law enforcement. Innocent drivers/victims of an accident caused by an uninsured driver may consider the following:

• Contact the police: Report the incident to the appropriate law enforcement agency.
• Report to DMV: File a report with the state's Department of Motor Vehicles within 10 days of the incident.
• File an insurance claim: If one has uninsured/underinsured motorist (UM/UIM) coverage, they can file with their insurer to cover medical bills, lost income, and other damages caused by the at-fault driver.
• Pursue civil action: The victim can sue the uninsured driver in civil court for damages.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Since the State of Alaska practices a tort-based policy, innocent drivers with no insurance may be able to recover damages up to certain limits by filing UM/UIM claims with their insurer or a civil suit against the at-fault party. However, the innocent party faces legal penalties for being uninsured. These include:

• A $500 fine
• License suspension for 90days
• File SR-22 to reinstate license
• No claim to non-economic damages, i.e., suffering and pain

Can I Sue an Uninsured Driver In Alaska?

Yes. AS 09.10.070 permits automobile accident victims to file personal injury or property damage lawsuits against uninsured at-fault drivers to recover damages from an accident. The statute of limitations is two years from the cause of action.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance In Alaska?

Yes. In Alaska, a driver's ability to cover damages resulting from a crash with an uninsured at-fault driver depends on the specific insurance coverage the policyholder has purchased. Available coverages include:

• UM/UIM: This policy addresses personal injury and property damage following an accident with an uninsured/underinsured driver.
• MedPay: This policy covers medical expenses such as surgery, ambulance fees, or hospital visits for victimized drivers and their passengers
• Collision: This policy covers vehicle repairs after a crash, with a deductible payment method.

What Is Uninsured Motorist Coverage In Alaska?

Uninsured and underinsured motorist coverage is a kind of insurance that insurers offer to policyholders in the event of an accident. Although AS 28.20.445 requires insurers to offer these UM/UIM coverage, individuals can accept or reject it in writing. If a policyholder's signature does not verify their selection, the insurer must offer a policy that matches the liability limits of the coverage.

UM/UIM also applies to hit-and-run situations or when an individual's vehicle is hit while parked and they cannot determine the other party's identity.

What If I Don't Have Uninsured Motorist Coverage In Alaska?

When an uninsured driver is at fault for an accident, recovering losses can be difficult for those without insurance. However, these legal avenues may be pursued:

• File a civil lawsuit to recover damages.
• In DUI/hit-and-run cases, apply for a victim compensation fund via the Alaska Violent Crimes Compensation Board. This applies only if the incident was initially reported to the police.
• For unpaid judgments, ask the DMV to suspend the at-fault driver's license under AS 28.20.120.

How Do I Get Compensation from an Uninsured Driver In Alaska?

In Alaska, victims can obtain compensation from an uninsured driver via the civil litigation process:

• File the petition: Submit a civil complaint (Form SC-1) and summons (Form SC-2) to the appropriate court. The complaint must clearly identify the at-fault driver(s), the legal basis for the claim, and the total amount sought. The amount of recovery is a key factor in determining the appropriate legal jurisdiction:
  • Small claims court (up to $10,000)
  • District court (up to $100,000)
  • Superior court (over $100,000)

Cases filed in the district and superior courts usually involve complex rules and may require a lawyer for all legal representation.

• Serve the defendant: The uninsured driver should be served with the complaint and summons documents within 120 days of filing. Once the papers are served, the respondent is expected to respond within 20 days. The plaintiff can pursue a default judgment if the other party does not respond.
• Engage in Discovery: Both parties will participate in the discovery stage, collecting evidence and documentation from each other to support their respective cases.
• Attend the Trial: If the parties do not settle, the case will be heard by the judge or jury to determine the at-fault side.

After the court issues a judgment, the winning side can enforce the judgment via the debt collection process.

How Much Can You Recover From an Uninsured At-Fault Driver In Alaska?

In Alaska, victims of accidents caused by uninsured at-fault drivers are legally entitled to full compensation for their damages under the state's civil code. Additionally, once a judgment is awarded, it will accrue interest at the annual judgment interest rate established by Alaska law. However, the amount of compensation actually received is often limited by the at-fault party's financial assets.

How To Find Out If the At-Fault Driver Has Insurance In Alaska

The following methods may be explored to find the insurance status of an at-fault driver in Alaska:

• Request the police report: The police may file an accident report, usually including the at-fault driver's insurance provider (if any). A copy of the accident report is typically available through the responding agency.
• Contact DMV: Interested persons can contact the DMV to check the other driver's insurance.
• Use Discovery: If a case is litigated, discovery tools, such as interrogatories and subpoenas, can be used to verify a driver's insurance status.

Are Accidents Public Record In Alaska?

Yes. Accidents are generally public records per AS 40.25.120. However, complete accident reports may only be accessible to parties with a direct interest. Further, while Administrative Rules 37.5 – 37.8 make court records relating to accident civil lawsuits open to members of the public, certain documents may be sealed by court order and only releasable to the parties involved.

Can You Go to Jail for Causing an Accident Without Insurance In Alaska?

No. Failure to possess insurance coverage does not result in a jail sentence in Alaska. Lack of minimum insurance liability is termed an infraction, punishable by fines, SR-22 requirements, and license suspension.

However, under Alaska law, drivers may be charged with a misdemeanor or felony for traffic crimes, such as reckless driving, DUI, or the possession of fraudulent insurance policy documents.

Can You Settle With an Uninsured Driver Out of Court In Alaska?

Yes. Out-of-court settlements are legally binding and enforceable, provided the agreement adheres to Alaska contract law. For validity and enforceability, the written agreement must clearly outline liability and compensation terms and include signatures from both parties. If the at-fault party defaults on payment, action may be brought in civil court.

Can I Get Compensation If I Was Partially at Fault?

Yes. Alaska operates under a pure comparative negligence system. According to AS 09.17.060, at-fault drivers are liable for compensation up to the limits of their contributory fault. This means that if a driver is 40% at fault, they can still recover up to 60% of the compensation. This system ensures that while claimants are held accountable for their role in an accident, they also have legal grounds for recovery.