What To Do If Hit by an Uninsured Driver in California

It can be incredibly frustrating to be hit by an uninsured driver in any state, and in California, state law requires all drivers to have auto insurance with minimum liability coverage, and while uninsured motorist coverage is recommended, it is not mandatory.

If you find yourself in an accident with an uninsured driver, safety should be your top priority. 

If you do find yourself in this unfortunate position, remember to collect evidence, report the incident to authorities, and seek advice from a car accident attorney. Legal action, such as filing claims under uninsured motorist coverage, pursuing personal injury lawsuits, or addressing bad faith insurance practices, is essential for recovering damages and receiving fair compensation.

Understanding California’s Car Insurance Requirements

In California, all drivers must have auto insurance and demonstrate financial responsibility for any issues resulting from car accidents. 

The state sets minimum coverage requirements to ensure that individuals can afford the financial costs associated with accidents.

Bodily Injury Liability

Auto insurance policies always feature bodily injury liability coverage, which covers medical bills, legal fees, and other costs if you are responsible for an accident that causes injury to another person. 

California’s minimum coverage required is $15,000 per person and $30,000 per incident for multiple injuries. Without enough liability coverage, you could be held personally responsible for the injured party’s expenses, leading to serious financial consequences. 

Liability insurance is meant to cover costs like these and protect your finances in case of an accident.

Property Damage Coverage

Car insurance in California requires property damage coverage to be included, which provides financial support for repairing or replacing property belonging to another party that may have been damaged in an accident. 

The minimum coverage amount mandated by the state is $5,000. This coverage is a necessity as it covers a range of properties, such as vehicles, fences, and buildings, and alleviates the burden of costs associated with these damages.

Medical Payments Coverage (MedPay)

MedPay, or Medical Payments Coverage, helps pay for medical expenses for you and your passengers after an accident, regardless of fault.

While not mandatory in California, adding MedPay to your policy can offer important financial assistance for medical bills that may otherwise be overwhelming, and can therefore provide a safety net in accidents with uninsured drivers.

Steps to Take Immediately After an Accident With an Uninsured Driver

If you are involved in a car accident with an uninsured motorist, it can make an already stressful situation even more difficult. Your first priority should be making sure everyone is safe, and addressing any injuries that may have occurred. 

If anyone needs medical attention, call 911 immediately. After ensuring the safety of everyone involved, document the accident by taking photos or videos of the vehicles and any injuries, and gathering contact information from any witnesses.

1. Gather Evidence at the Scene

Collecting evidence at the crash scene is essential to support your future claims.Take detailed photographs or videos that show various aspects of the incident, including the location, vehicles, injuries, debris, and road conditions. 

Additionally, be sure to get statements and contact information from any witnesses. This documentation will be invaluable when proving what occurred and assigning fault, particularly in cases where the other driver is uninsured.

2. Report the Accident to Authorities

For insurance and legal purposes, you must report the accident to law enforcement. Make sure you obtain a copy of the police report, as it will serve as important evidence in a case involving uninsured motorists or when pursuing legal action against a driver who lacks insurance.

3. Contact Our Lawyers

To receive full legal support, contact an Anaheim car accident lawyer as soon as possible – we offer free consultations.

Filing a Claim With Your Own Insurance Company

If an uninsured driver hits you, your insurance company will be responsible for providing financial compensation. 

Follow these steps to start the claims process: 

1. Report the accident quickly to initiate your claim without delay. 
2. Give a detailed account of the incident and provide any evidence you have gathered. 
3. Be prepared for an insurance company adjuster to assess your vehicle’s damage. 
4. Using uninsured motorist coverage can help cover costs such as medical bills and lost income from the accident. If you have collision coverage, it will pay for repairs or a replacement for your car regardless of who is at fault. 
5. California law requires insurance companies to approve or deny a claim within 40 days. 

While an accident with an uninsured driver can be stressful, understanding these insurance policies can help alleviate the financial stress, and give you some peace of mind.

Uninsured Motorist Coverage (UM)

Having uninsured motorist coverage is important for protection in an accident caused by a driver without insurance. This coverage can help cover medical expenses, lost wages, and other injury-related costs. 

In California, uninsured motorist coverage is not required, but it is highly recommended due to the likelihood of encountering uninsured drivers in the state. Not only can it help in accidents with a driver that you know is uninsured, this coverage can also be useful in hit-and-run situations. 

Collision Coverage

Collision coverage in your auto insurance policy covers the costs of repairing or replacing your car after an accident, regardless of who caused it. 

This essential coverage also allows you to file a claim with your insurance company if you are involved in an accident with an uninsured driver. Securing collision coverage allows you to receive financial assistance, and ensures that you will not be without transportation following an accident.

Legal Recourse Against the Uninsured Driver

If an uninsured driver hits you, you may need to take legal action to get compensation for your injuries. 

One option is to file a personal injury lawsuit against the negligent driver to cover expenses like medical bills and lost wages. Even if the driver doesn’t have insurance, they may have assets that could be used to pay for damages. 

Before going to court, you must ensure the uninsured driver has enough assets to cover your expenses, because if they don’t, suing them may not result in financial compensation. Consulting with a knowledgeable lawyer can help you determine the best course of action for recovering compensation for your injuries.

Personal Injury Lawsuit

When you file a personal injury claim against an uninsured driver, you are alleging that their negligence caused your injuries and that you deserve compensation. 

This compensation can include reimbursement for medical expenses, lost wages, and emotional distress. You may also file a third-party claim against other parties who may be liable, such as the driver’s employer or the city. 

It is important to note that there is a two-year statute of limitations for personal injury lawsuits in California. Failing to file within this timeframe may result in losing the opportunity to receive compensation for your injuries.

For further guidance on this, please contact our team today for expert assistance

Assessing the Uninsured Driver’s Assets

Before taking legal action against an uninsured driver, assess their financial situation. Determining if the driver has enough assets to cover any potential court judgment is necessary to save both time and energy. 

If the uninsured driver has significant resources or wealth, it may be advantageous to pursue a lawsuit. Consulting with a lawyer can help you make a more informed decision on how to proceed.

Role of an Attorney in Uninsured Motorist Claims

An experienced attorney can significantly simplify the complex process of filing an uninsured motorist claim. They are pivotal in determining liability, negotiating settlements, and providing legal representation in court if needed. 

By relying on an attorney’s expertise, you can focus on your recovery while they work to secure maximum compensation for you. They will ensure your insurance claim is submitted promptly, communicate effectively with claims adjusters, and advocate for your rights.

With professional support, you can rest assured that you will receive fair treatment from the insurance company and achieve a favorable resolution to your uninsured motorist case.

Assessment of Liability

A skilled attorney can help determine liability after an uninsured driver accident. The lawyer will examine the details of the crash to establish fault and evaluate whether the uninsured driver has any assets or if claims can be made against other parties, such as employers or government entities. 

A detailed investigation by a professional will aid you in identifying all potential avenues for compensation, giving you a better chance at a favorable outcome.

Negotiation and Settlement

Navigating insurance claims, especially those involving an uninsured motorist, can be challenging. Attorneys are skilled at working with insurance companies to make sure their clients receive fair compensation. 

Attorneys manage the settlement process to help you get what you deserve. By handling the negotiations, attorneys aim to secure the maximum compensation for your losses.

Legal Representation in Court

If your legal matter goes to trial, it’s important to have an attorney who will:

• Boldly advocate for you
• Use their extensive knowledge to argue your case
• Counter the tactics of insurance companies that often try to minimize or deny settlements

Having a lawyer by your side increases the chances of a favorable verdict and guarantees you receive fair compensation for your injuries and losses.

Daniel Benji and his team can be that support you need. Call us today for a free consultation

Bad Faith Insurance Practices

Unfortunately some insurance companies do engage in unethical behavior by denying legitimate claims without proper justification. Disreputable insurance companies may reject valid claims, undervalue claims, or unnecessarily delay payments. 

Under California law, insurance companies are required to act in good faith and carry out fair practices when handling claims. If you believe your insurance company is acting in bad faith, you can seek arbitration or pursue legal action. 

California insurance policies are bound by the Covenant of Good Faith and Fair Dealing, which means insurers must prioritize the policyholder’s interests in claims processing. Any violation of this covenant may result in legal action against the insurance company for engaging in unethical practices.

Recognizing Bad Faith Practices

Identifying bad faith practices is critical for protecting your rights. Unethical practices may include unjustly refusing to provide benefits specified in a policy, misrepresenting facts or policy terms, and delaying claim processing. 

Warning signs include requesting unnecessary paperwork and failing to conduct a thorough investigation into the facts of your claim. If you notice these behaviors from an insurance company, they may be a sign that the company is not operating fairly or responsibly.

Legal Actions Against Insurers

If you suspect your insurance provider is not acting in good faith, it’s important to seek the assistance of a legal professional. An attorney that has expertise with handling insurance bad faith can help you pursue justice and explore legal options on your behalf. 

An attorney’s professional knowledge is valuable for navigating the complexities of the law while protecting your rights. The types of compensation in a bad faith case that you might recover include:

• Payment owed under the terms of your policy
• Losses resulting from economic impacts
• Compensation for emotional distress
• Coverage of legal costs
• Potential punitive damages if the insurer’s actions were fraudulent, oppressive, or malicious

By taking legal action, you can seek the compensation you deserve and hold the insurer accountable for their actions.

Penalties for Uninsured Drivers in California

Driving without insurance in California can lead to serious consequences. If you are caught driving or involved in an accident while uninsured, your driver’s license may be suspended. 

Fines for a first offense range from $100 to $200, while repeat offenders within three years could face penalties from $200 to $500. The state may also impound your vehicle, resulting in additional costs for towing and storage.

California enforces the “No Pay, No Play” statute, which limits recovery options for uninsured motorists after accidents. Under this law, drivers without auto insurance cannot claim non-economic damages, such as compensation for pain and suffering, even if they are not at fault for the accident. 

Measures like these underscore the importance of maintaining valid auto insurance coverage on California roads for financial protection and avoiding serious legal repercussions.

Summary

Navigating the aftermath of an accident with an uninsured driver can be challenging, but knowing your rights and the necessary steps can make a significant difference in simplifying the process. 

The important take-away is that ensuring your safety, gathering evidence, filing claims, and considering legal actions are all essential steps in securing the compensation you deserve. 

Carrying adequate insurance coverage and consulting with an experienced attorney can provide the protection and peace of mind you need. Stay informed, stay protected, and drive safely.

Reach out to Daniel Benji today for a free, no-obligation consultation for your car accident claim

Frequently Asked Questions

What should I do immediately after an accident with an uninsured driver?

First, ensure the safety of all individuals present and assess for any injuries. Then collect evidence at the location of the incident before informing law enforcement for additional support.

What is uninsured motorist coverage and do I need it?

Having uninsured motorist coverage is critical because it provides protection if you find yourself in an accident with a driver who lacks insurance. This type of motorist coverage helps cover your medical expenses, lost wages, and other costs related to the accident.

While not required, it is highly recommended to consider including this form of coverage in your insurance policy.

Can I sue an uninsured driver for damages?

It is possible to take legal action against an uninsured driver for compensation, especially if they possess considerable assets or when there is potential to file a claim through the driver’s employer.

Always seek advice from a qualified attorney for direction in cases like these.

How can an attorney help with my uninsured motorist claim?

An attorney is capable of evaluating who is at fault, discussing settlement terms, and advocating for you in court with the aim of securing just compensation. Relying on an attorney is your best chance at achieving a favorable outcome in your claim against an uninsured motorist.

What are the penalties for driving without insurance in California?

Operating a vehicle in California without insurance can lead to consequences including suspension of your driver’s license, imposition of monetary penalties, and confiscation of your vehicle.

Under the “No Pay, No Play” legislation in effect, if you are uninsured, you may encounter restrictions when trying to seek compensation for non-economic losses.