Personal Injury

Can You Still File a Personal Injury Claim If Your Registration Is Expired?

If you’ve been injured in a car accident, the aftermath can feel overwhelming—especially if you discover your vehicle’s registration was expired at the time. A common concern in these situations is whether an expired registration could jeopardize your ability to file a personal injury claim. At Bojat Law Group, we understand how confusing legal nuances can be, and we’re here to clarify your rights. The short answer is yes, you can still pursue a claim, but there are important details to consider. Let’s explore how an expired registration might impact your case and what steps you can take to protect your rights.

How an Expired Registration Affects Liability in a Car Accident

Liability in car accidents is typically determined by negligence, not vehicle registration status. Even if your registration was expired, this doesn’t automatically make you at fault for the crash. For example, if another driver ran a red light and hit you, their negligence would likely outweigh the issue of your registration. However, insurance companies often look for reasons to minimize payouts, and an expired registration could become a focal point in their defense strategy.

That said, some states have specific laws linking vehicle registration to insurance validity. If your registration lapsed because you failed to renew insurance (a requirement in most states), the insurer might argue they’re not obligated to cover the accident. This could complicate your claim, but it doesn’t necessarily invalidate it. An experienced attorney can help navigate these complexities.

State Laws and Contributory Negligence

The impact of an expired registration on your claim depends heavily on your state’s laws. For instance:

  • Comparative Negligence States: Most states follow comparative negligence rules, meaning your compensation is reduced by your percentage of fault. If the opposing party argues your expired registration contributed to the accident (e.g., by making your vehicle illegally operable), a court might assign partial fault. However, this doesn’t bar you from recovering damages.
  • Contributory Negligence States: In a handful of states (like Maryland or Virginia), if you’re found even 1% at fault, you could be barred from recovering any compensation. Here, an expired registration could pose a higher risk.
  • No-Fault States: In no-fault states like Florida or Michigan, your own insurance covers medical expenses regardless of fault. An expired registration might affect coverage but wouldn’t prevent you from filing a claim entirely.

A skilled attorney can counter arguments that an expired registration directly caused the accident. For example, if the crash resulted from another driver’s speeding—not your registration status—your legal team can emphasize this distinction.

Steps to Take If You’re in an Accident with an Expired Registration

  1. Prioritize Safety and Documentation: Check for injuries, call 911, and exchange information with the other driver. Take photos of the scene, damage, and any visible injuries.
  2. Avoid Admitting Fault: Never apologize or mention your registration status at the scene. Let investigators determine liability.
  3. Contact an Attorney Immediately: Insurance adjusters may pressure you to settle quickly or use your expired registration against you. A lawyer can handle communications and gather evidence to strengthen your case.

How Insurance Companies Might Respond

Insurers often look for loopholes to deny or reduce claims. They might argue that driving with an expired registration violates state law, implying you were negligent. However, negligence requires proving that your actions directly caused the accident. For example, if your registration expired last week but you were rear-ended at a stoplight, the two issues are unrelated.

In rare cases, an insurer might deny coverage entirely if your policy requires a valid registration. Review your policy carefully and consult an attorney to challenge such denials.

The Role of Legal Representation

Proving that an expired registration didn’t contribute to the accident requires strategic legal support. At Bojat Law Group, we’ll:

  • Investigate the accident thoroughly (e.g., obtain police reports, witness statements, and traffic camera footage).
  • Challenge attempts to shift blame onto you.
  • Negotiate aggressively with insurers or take your case to trial if needed.

Don’t Let an Expired Registration Deter You

While an expired registration isn’t ideal, it shouldn’t stop you from seeking justice. Courts recognize that minor administrative oversights (like forgetting to renew a registration) don’t equate to negligence in causing a collision. Focus on proving the other party’s liability, and let your attorney handle the rest.

Frequently Asked Questions

Q: Can I be ticketed for driving with an expired registration after an accident?
A: Yes, you may receive a citation, but this is separate from your injury claim. Paying the fine doesn’t affect your right to compensation.

Q: What if my expired registration led to a lapse in insurance?
A: This could complicate matters, but exceptions may apply. For example, some states grant a grace period for renewals.

Q: Will a jury hold my expired registration against me?
A: A persuasive attorney can prevent irrelevant details from swaying the jury’s opinion.

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