Being in a car accident is stressful enough. But when the driver who hit you doesn’t have insurance, it adds insult to injury. According to the Insurance Information Institute (III), 16.6% of California motorists were uninsured as of the latest data. If an uninsured motorist has hit you in California, you may be wondering what options you have.
This article will walk through some of the key steps to take and potential ways to seek compensation if you are the victim of a collision caused by a driver with no insurance.
California Insurance Requirements and Uninsured Motorist Coverage
Under California law, drivers must carry a minimum of 15/30/5 liability coverage. This includes:
- $15,000 bodily injury liability per person
- $30,000 bodily injury liability per accident
- $5,000 property damage liability
However, these minimums may not be enough to compensate you if an uninsured driver hits you fully. That’s where uninsured motorist coverage comes in.
Uninsured motorist coverage (UM) covers your lost wages, medical bills, and other damages up to your policy limits if an uninsured driver causes an accident. This optional coverage is not required in California but is highly recommended.
With UM coverage, your own insurer steps in when the at-fault driver lacks sufficient insurance. We recommend purchasing the maximum UM coverage you can afford.
Options for Seeking Compensation
File an Uninsured Motorist Claim
If you have uninsured motorist bodily injury (UMBI) coverage on your own auto insurance policy, this will be your best option for recovering damages after getting hit by an uninsured driver.
Uninsured motorist coverage is not mandatory in California, but adding this optional protection to your policy provides valuable benefits. If an uninsured or underinsured driver causes an accident, your UMBI coverage will step in to handle medical expenses, lost income, pain and suffering, and other losses up to your policy limits.
To start the claims process, you simply report the accident to your insurance company like normal. Your insurer will investigate to confirm the other motorist was uninsured and at fault. If so, your uninsured motorist coverage kicks in as if the negligent driver had proper insurance.
One limitation is that uninsured motorist protection only applies if the other driver is proven to be at fault. If you caused the accident, your own UMBI coverage will not pay out. Having collision coverage on your policy helps protect you when an accident is your fault or fault cannot be determined.
File a Lawsuit Against the Uninsured Driver
Even without insurance, the at-fault driver may still be personally liable for damages they cause. So filing a personal injury lawsuit against the negligent uninsured motorist is an option.
However, collecting compensation from the driver directly can be challenging. Someone who drives without required insurance likely lacks substantial assets to pay a legal judgment. You may successfully win a lawsuit but still have difficulty actually recovering the awarded damages.
That said, a lawsuit may still be worthwhile if the uninsured driver has any assets you could potentially collect from, like bank accounts or property. A Lawyer can advise you on the likelihood of being able to collect based on the driver’s financial situation. And simply having a court judgment in your favor could be helpful if the driver’s finances improve later.
Gathering Evidence and Establishing Fault
No matter which route you pursue compensation, a key step will be proving the other driver’s fault. Their negligence must be established for uninsured motorist coverage to apply or for you to have a viable personal injury case against them.
After any accident, try to gather as much evidence as possible to document what occurred:
- Obtain a copy of the police report, which will contain officer observations and witness statements.
- Take pictures of the scene of the accident, the damage to the vehicle, and any injuries you’ve sustained.
- Get contact information for any eyewitnesses who saw the collision occur.
- Preserve relevant documents like medical records and auto repair estimates.
An experienced attorney can help analyze liability issues and build a strong argument, pinning fault on the uninsured driver using this evidence. When dealing with insurance companies, the presence of a skilled lawyer on your side will make it easier for you.
Statute of Limitations in California
If you do decide to file a personal injury lawsuit, be aware you have limited time to take legal action under California’s statute of limitations:
- Two years for injuries in car accident cases.
- Three years if only suing for property damage.
The day of the accident, the clock begins to tick. Strategies like a demand letter to the at-fault driver can help preserve your right to sue if the deadline is approaching. Consulting a qualified attorney ensures you do not miss this critical filing deadline.
What If I Don’t Have Uninsured Motorist Coverage?
If you don’t have uninsured motorist coverage and the at-fault driver has no insurance, you may still have options:
- File a lawsuit – As discussed above, you can file a liability lawsuit against the uninsured driver if you believe it may lead to compensation.
- Use your medical payments coverage – If you have medical payments coverage, it can help pay initial accident-related medical bills up to the limit.
- Claim under your health insurance – Your health insurer may cover additional medical costs, minus your deductible and co-pays.
- Demand payment from the driver – Even without insurance, the at-fault driver may choose to pay your damages out-of-pocket once you initiate powerful legal action.
While these options are not ideal, dedicated car accident lawyers can still help you recover something after an uninsured driver causes your injuries.
Why You Need an Attorney After a Hit from an Uninsured Driver
Being struck by an uninsured motorist can quickly become a nightmare. Between extensive injuries, vehicle repairs, missed work, and mounting medical bills, you need an aggressive advocate on your side.
The car accident attorneys at Pasternack Injury Law Group have successfully helped clients recover millions in compensation from uninsured drivers and insurers alike. They have decades of collective experience in building a robust case for an injury, determining the full value of your injuries, and fighting to get as much money as possible.
They also provide compassionate support so you can focus on your recovery, not paperwork. Your legal team manages everything while you heal.
Don’t Delay – Contact A Car Accident Attorney Today
If an uninsured driver hit and injured you or a loved one in California, time is of the essence. The sooner you contact the accomplished car accident lawyers at Pasternack Injury Law Group, the sooner they can start building your claim and advising you of your rights. With offices in San Diego and Ramona, they proudly serve clients across Southern California.
Visit https://pasternackinjurylaw.com/ today to learn more.
