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An accident with uninsured drivers can leave you facing unexpected financial burdens, especially in California, where an estimated 15-20% of motorists drive without insurance. If you’ve been injured in a collision with an uninsured or underinsured driver, you may feel overwhelmed and uncertain about how to recover damages for medical bills, lost wages, or vehicle repairs.
Car insurance is crucial in such scenarios, as it provides a safety net through uninsured motorist coverage, helping victims seek compensation when the at-fault party lacks insurance. Having adequate insurance coverage is essential to protect yourself from financial losses that could arise when the at-fault driver lacks insurance.
While the situation is complex, you are not without options. Are you facing an uninsured driver after a car accident? Don’t worry, you’re not alone.
Insurance companies play a significant role in managing uninsured motorist claims and offering coverage options to protect policyholders. We’re going to go over the critical steps to take after an accident, California’s unique insurance laws, and how an experienced uninsured driver accident lawyer can protect your rights and maximize your compensation.
Your priority should always be to get to a safe location if you can and call 911 if anyone has been injured. Even if there are no clear injuries, calling 911 after an accident with an uninsured driver is important to establish a clear protocol for the accident, and for paramedics to rule out the potential for an overseen injury (shock and adrenaline rush after an accident can mask pain and other symptoms), and to obtain necessary information from the other driver.
Contacting your insurance company to report the accident and understand your coverage options is also crucial. After getting to safety, seek medical attention.
Even seemingly minor injuries could turn out to be something worse, and delayed treatment can worsen your condition and on a side note, harm your claim.
If you’re in a condition to do so, it can help to document the accident to the best of your abilities, especially if the other drivers involved are uninsured. Try to collect the other driver’s name, contact information, and their vehicle’s license plate.
If your camera works, you can take a few pictures of the vehicle damage, and surrounding information, such as road conditions, skid marks, or injuries. If another vehicle stopped by to check on you, try to get the driver’s number, so you can relay their contact information to the police or your lawyer as a potential witness to the accident.
Documenting the accident is not as important as your safety, but it can be a helpful second priority if you get the chance and are in the right condition.
Depending on the damages, filing a police report may be mandatory in California. California law requires reporting accidents involving injury, death, or property damage over $1,000. A police report creates an official record of the uninsured driver’s fault, which will ultimately strengthen your claim.
While often forgotten, this is an important point: do not apologize or accept blame, as this could be used against you! Never agree to a “handshake deal” with the uninsured driver – they likely lack the funds to cover your losses.
California is an at-fault state, meaning the driver responsible for the accident (or their insurer) must pay for damages. However, when the at-fault driver is uninsured or underinsured, victims must rely on their insurance policies or pursue alternative legal avenues, which can complicate the claims process and potentially lead to significant out-of-pocket expenses.
Uninsured/Underinsured Motorist (UM/UIM) coverage protects you if you’re injured or your property is damaged by a driver who either has no insurance (uninsured) or insufficient coverage (underinsured) to pay for your losses.
For example, if you’re seriously injured and the other driver’s liability limit is $30,000, but your medical bills total $50,000, UIM coverage would bridge the $20,000 gap. Understanding how uninsured motorist coverage works is crucial; it allows policyholders to seek compensation directly from their own insurance company when the at-fault party lacks insurance.
This type of coverage provides essential benefits and has specific legal requirements and limitations. Most states require insurers to offer UM/UIM, but you must opt in when purchasing your policy.
Collision coverage pays to repair or replace your vehicle after an accident, regardless of who is at fault. While collision coverage is optional, drivers also have the choice to purchase uninsured motorist coverage when obtaining car insurance, which can provide additional protection in the event of an accident with an uninsured driver. It applies to collisions with other vehicles, objects (e.g., guardrails, trees), or single-vehicle accidents (e.g., rollovers).
Unlike liability insurance, which covers damage you cause to others, collision coverage protects your car. This coverage is optional unless required by a lender or lease agreement, but it’s highly recommended for newer or high-value vehicles.
In no-fault states, your insurance coverage becomes crucial as it covers medical bills and losses regardless of the other driver’s insurance status.
Note that collision coverage does not cover medical bills or non-vehicle property damage, those fall under liability or UM/UIM policies. If you lack UM/UIM or collision coverage, recovering compensation becomes more challenging – but not impossible.
One option may be to sue the other driver, especially if they are uninsured or underinsured. While uninsured drivers often lack assets, a lawyer can investigate their employment, property, or future earnings (wage garnishment) to collect a judgment. Additionally, filing an uninsured motorist claim promptly is crucial to ensure you receive compensation for damages when the at-fault driver is uninsured.
If another party contributed to the accident (e.g., a negligent employer, vehicle manufacturer, or government entity), your attorney can expand the claim to hold them accountable, essentially expanding the claim to a third party.
Finally, if your policy includes Medical Payments (MedPay) or Personal Injury Protection (PIP), these can cover immediate medical costs in the aftermath of an accident with an uninsured driver. Moreover, having underinsured motorist coverage is essential to secure compensation for damages when the at-fault driver lacks adequate insurance.
This type of coverage ensures that you are protected even if the other driver’s insurance is insufficient to cover your losses.
Your insurer may deny or delay UM/UIM claims. Insurance companies often manage uninsured motorist claims and may pose challenges such as limitations on the timeframe for filing these claims. A car accident lawyer can counter bad-faith tactics and ensure you receive the full benefits you’re owed from your insurance provider.
Auto accident attorneys also work with experts to reconstruct the crash, gather surveillance footage, and prove the uninsured driver’s liability, to a much greater extent than you would be able to argue on your own. Having adequate insurance coverage, such as uninsured motorist coverage, is crucial to protect yourself from financial losses when the at-fault driver lacks insurance.
If your insurer refuses a fair settlement, your attorney can take the case to court.
A: You may still sue the driver directly or pursue third-party claims. A lawyer can assess your options with you and give you a clear picture of what you might be dealing with.
A: Yes, but recovery depends on their assets. Your attorney can evaluate their financial situation, and whether a lawsuit makes sense.
A: California law prohibits insurers from raising rates for UM/UIM claims where you were not at fault.
An uninsured driver accident can upend your life, but with the right legal approach, you can regain financial and physical stability. At Benji Personal Injury Law, our experienced uninsured motorist lawyer specializes in handling these complex claims.
We take care of negotiations, lawsuits, and asset recovery so you can focus on healing. Call (866) 236-5474 for a free consultation and take the next step toward securing the compensation you deserve.
Benji Personal Injury – Accident Attorneys, A.P.C.
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