In this post, the knowledgeable no-insurance car accident lawyers at Cohen & Marzban will help you understand uninsured motorist coverage, the steps you should take after an accident, and your legal options for seeking compensation.
What to Do After a Car Accident with an Uninsured Driver
Being in a car accident is stressful, and it can be even more overwhelming if the other driver is uninsured. Taking immediate action can help protect your rights and improve your chances of securing necessary compensation.
Here's a step-by-step guide on what to do:
Protect yourself after a car accident without insurance in California by working with Cohen & Marzban. Don't let uninsured drivers stand in the way of your recovery — contact us today to get a free consultation.
What Is the Penalty for Driving Without Car Insurance in California?
Driving without car insurance in California is not only illegal but also carries significant penalties, including fines, license suspension, and even vehicle impoundment. Here's a breakdown of the potential consequences:
As you can see, driving without car insurance in California is a risky (and potentially costly) decision. Having adequate car insurance coverage can help ensure your safety, financial well-being, and compliance with the law.
Car Accident Liability Laws in California: Fault and Responsibility
Determining liability in a car accident is central to seeking compensation. If you're injured in an accident due to another driver's negligence, you may have the right to seek compensation for your medical bills, lost wages, pain and suffering, and other losses.
Consider the following key points regarding California car insurance laws:
If you find yourself in an auto accident, one of the first things you should do is consult a qualified car accident attorney to better understand your legal rights, obligations, and options.
Understanding Uninsured and Underinsured Motorist Coverage
Uninsured motorist coverage is a type of insurance coverage that protects you in the event that you’re injured in an accident caused by a driver who doesn’t have insurance.
While not mandatory, having UM coverage is highly recommended in California. Since the state has a large number of uninsured drivers, having this protection can spare you considerable financial hardship.
UM coverage is designed to compensate the policyholder for the following:
- Medical expenses: Covers your medical bills, including doctor visits, hospital stays, surgeries, and rehabilitation.
- Lost wages: Reimburses you for income lost due to your inability to work after the accident.
- Other losses: May cover losses like property damage, pain and suffering, and emotional distress.
Essentially, UM coverage is a backup plan when the other driver is unable to pay for the harm they cause. It acts as a financial safety net, helping you recover and move forward after an accident that wasn’t your fault.
Underinsured motorist coverage, meanwhile, protects you if you’re injured in an accident caused by a driver whose liability limits are insufficient to pay for all of the effects you’ve experienced as a result of the accident. When activated, it fills in the gaps to ensure that your losses are covered in full.
If you’re hurt in an accident with an underinsured driver, your UIM coverage will:
- Step in as a secondary insurer: Your insurance company will act as a secondary insurer, paying for your losses beyond what the other driver's insurance covers.
- Pay the difference: Your UIM coverage will pay the difference between the total amount of your losses and the other driver's liability limits.
- Negotiate and settle: Your insurer will negotiate with the other driver's insurance company to reach a fair settlement for your losses up to the limits of your UIM coverage.
California has a high number of drivers with minimal liability coverage. In many cases, however, their insurance may not be enough to cover your medical expenses, lost wages, pain and suffering, and property damage following a severe accident. Having UIM coverage provides essential financial protection in these situations.
Accidents with Uninsured or Underinsured Drivers in California
Auto accidents involving uninsured or underinsured drivers present unique challenges for those seeking compensation. They can be especially difficult because the injured party might not have access to the financial resources they need to cover their losses.
California law recognizes these challenges and offers certain protections for victims. However, navigating these situations requires an understanding of your legal options and careful attention to procedural detail.
What to Do If an Uninsured Driver Causes the Accident
If the other driver was responsible for the accident but they’re uninsured or underinsured, you may be able to recover compensation through your policy's UM or UIM coverage.
Here's how it typically works:
File a Claim
Contact your insurance company and file a claim under your UM/UIM coverage. Make sure to provide them with all the details of the accident, including the other driver's information and the details of your policy.
Wait for Your Insurance Company to Step In
Your insurer will essentially act as if the other driver was the policyholder. They’ll handle the investigation, negotiate a settlement, and cover your losses up to the limits of your UM/UIM coverage.
Negotiate a Fair Settlement
Your insurance company will work with you to settle your claim, covering most or all of your medical expenses, lost wages, pain and suffering, and property damage. They’ll try to reach a fair settlement based on the extent of your injuries and losses.
Keep in mind that your UM/UIM coverage has limits. These limits are specified in your policy documents and determine the maximum amount your insurance company will pay. If the other driver's liability exceeds your UM/UIM limits, you may not receive full compensation for your losses.
What to Do If You Cause the Accident
If you were at fault for an accident with a driver who’s uninsured or underinsured, your options are more limited. Here's what you need to know:
Liability
The point of having insurance is to offset the financial consequences of unforeseen events. As such, if you cause an accident with another driver who’s uninsured or underinsured, you’ll be responsible for paying for their losses.
No Coverage
If the other driver is completely uninsured, it will fall to you to pay for their losses, including medical expenses, lost wages, property damage, vehicle repair or replacement costs, and pain and suffering. You’ll either have to pay out of pocket or potentially have payment ordered via a personal injury lawsuit filed against you.
Insufficient Coverage
If the other driver is underinsured, their insurance policy will only cover a portion of their losses. You’ll likely be responsible for covering the remaining amount, which could be substantial.
Potential Legal Action
If the other driver’s insurance coverage and what you can afford to pay isn’t enough to cover the full extent of their losses when combined, they may decide to pursue legal action against you to recover the full amount. This could involve steep legal fees and financial difficulties for you.
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