Posted in Car Accidents on October 9, 2024
Uninsured drivers are, unfortunately, all over the place throughout the state of California. Despite the fact that operating an uninsured vehicle is illegal, a significant percentage of local drivers do so anyway, and that puts everyone at risk.
But where does that leave you or a family member if you sustain injuries or property damage caused by a driver without insurance? Your options may be more limited, but you do have options that our Long Beach car accident attorney can help with.
California’s Car Insurance Requirements
All drivers in California have to carry automobile insurance in the event of an accident. The state’s mandatory minimum coverage is:
- $15,000 for bodily injuries or death of one person
- $30,000 for bodily injuries or death of more than one individual in a single accident
- $5,000 for property damage
What to Do After an Accident With an Uninsured Driver
If you have been in an accident caused by an uninsured driver, the steps you take immediately following the incident are critical. Here’s what you should do:
- Call the police. Having a police report is crucial in any accident, especially when an uninsured driver is involved. The law enforcement officer will document the scene, take statements from both parties, and provide an official record of the uninsured driver’s liability.
- Gather evidence. Take photos of the damage to your vehicle, the accident scene, and any visible injuries. Also, collect the uninsured driver’s contact information, and ask for eyewitness statements if you’re able to.
- Notify your insurance company. Report the accident to your insurance carrier as quickly as possible.
Uninsured Motorist Coverage in California
One of the most important tools available to drivers in California is uninsured motorist (UM) coverage. This type of insurance provides protection if you are injured in an accident caused by a driver who does not have insurance or if you are involved in a hit-and-run.
In California, insurance carriers offer uninsured/underinsured motorist coverage, although drivers can choose to decline it in writing. If you have UM coverage, it can step in and cover your damages when the at-fault driver is uninsured.
Having uninsured motorist coverage provides valuable peace of mind. Without it, you could be left paying out of pocket for damages caused by an uninsured driver. If you are unsure whether your policy includes UM coverage, it is worth checking with your insurance provider to add this protection.
Filing a Claim Under Your Own Insurance
If the at-fault driver has no insurance and you do not have uninsured motorist coverage, you may still be able to recover compensation by filing a claim under your own policy, depending on the type of coverage you carry. Some policies that can help in this situation include:
- Collision coverage. If you have collision coverage, it will pay for the damage to your vehicle regardless of who is at fault. While you will have to pay your deductible, your insurance company will cover the remaining repair or replacement costs up to your policy limits.
- MedPay or personal injury protection (PIP). California is not a no-fault insurance state, but many drivers still carry medical payments (MedPay) or personal injury protection (PIP) coverage. These optional coverages can help pay for medical expenses for you and your passengers, regardless of fault, after an accident.
Suing the Uninsured Driver
In some cases, you may have the option to sue the uninsured driver directly to recover compensation for your injuries and damages. However, this is often a challenging route to take. Uninsured drivers often lack the financial resources to pay for damages, even if you win a judgment against them in court.
Before deciding to sue, it is essential to consult with a personal injury attorney who can assess the likelihood of successfully recovering damages from the at-fault driver. An attorney can help you understand whether this option is worth pursuing or if other avenues for compensation would be more effective.
Being involved in a car accident with an uninsured driver can leave you feeling overwhelmed, but there are options for recovering compensation. Whether through your own insurance policy, uninsured motorist coverage, or legal action, a Long Beach uninsured driver accident attorney can help you navigate the complexities of your case.