If the at-fault driver in your auto accident doesn’t have car insurance, you can file a claim with your insurance company or file a lawsuit against the at-fault party to collect damages. Most people would like to think every driver is insured, but unfortunately, that is not the case. According to the Insurance Information Institute, over 20% of drivers are either underinsured or not insured at all. So, it is always a good idea to consult with an experienced Car Accident Lawyer whenever you’re in an auto accident.
How to Handle a Car Accident with an Uninsured Driver
If you find yourself involved in an accident with an uninsured/underinsured driver, you should still follow the same steps as in any other car accident whether the driver is fully insured or not. It is recommended to contact the police and have them file a report. The report will contain important details that will serve as evidence against the at-fault driver. Be wary of other drivers trying to avoid contacting the police. An uninsured driver may try to keep law enforcement from getting involved out of fear of the consequences of being uninsured.
Next, take pictures of the scene, your vehicle, the license plates of all vehicles involved, and your injuries. Documenting these things at the scene of the accident will help you build a strong case. This evidence will also help you in case the other driver tries to deny fault, or your insurance tries to deny your claim for any reason. And be sure to exchange contact information with the other driver. Your insurance company will need to contact the at-fault driver, especially if they’re uninsured.
Lastly, after the accident, seek medical attention immediately. Even if you don’t feel injured, seeing a doctor after an accident will only help your claim, whereas not seeking medical treatment can hurt your case in a number of ways.
Does Your Insurance Go Up After a Car Accident That Is Not Your Fault?
When it comes to determining if your car insurance premium will increase after an accident, liability plays a crucial role. California law covers liability through comparative negligence. Comparative negligence allows an injured party who shares fault for their injuries to receive compensation, a legal action covered by the Comparative Negligence Law, which states:
“Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
So, being found partially at fault for a car accident doesn’t mean you can’t be compensated for your injuries. When it comes to your insurance rates, if you are found to be less than 51% responsible for the accident, you will generally not be considered to be “principally” at fault, so your insurance premium will not go up.
Consequences of Driving Uninsured in California
If you’re wondering if you can drive without car insurance in California, the answer is a resounding “no.” Driving uninsured in California allows drivers to be susceptible to fines, license suspension, and vehicle impoundment. Being caught without insurance, especially after an accident, can have severe consequences as it is a violation of California Law. The following are penalties drivers can face if they do not meet the liability auto insurance coverage requirements:
- $200-$500 fine if you are convicted of driving without insurance, depending on the details of the violation
- Impoundment: the court may rule to impound your vehicle, even if it is your first offense
- Towing and storage fees: if your vehicle is impounded, you can be held responsible for all towing and storing fees
- License suspension: getting into an accident while uninsured can result in a license suspension
How Much Can I Get from a Car Accident Lawsuit if I Wasn’t at Fault?
If you are not found at fault for the accident, then you are entitled to whatever settlement amount you and the insurance company agree upon. A Car Accident Lawyer can help you understand what your settlement is worth, depending on the details of your car accident. However, it is important to know that no case is the same and the outcomes vary on a case-by-case basis. The following factors will play a large part in determining the total value of your car accident settlement:
- Severity of injuries: These can be broken down into 3 tiers, with Tier 3 being the most severe.
- Tier 1: Minor, non-surgical injuries such as strains, sprains, and contusions.
- Tier 2: Deep lacerations, broken or fractured bones that require surgical intervention
- Tier 3: Traumatic brain or spinal cord injuries, resulting in temporary or permanent function loss
- Insurance coverage: the extent of the at-fault party’s insurance policy
- Lost income: Total amount of lost wages, which were a direct result of the injuries sustained from the accident.
- Medical Expenses: Medical expenses incurred from your injuries and any future medical treatments you may expect to have.
- Pain and Suffering: Emotional stress, trauma, and anxiety caused by how much your life has changed since the accident.
Contact a California Car Accident Lawyer
If you or a loved one has suffered injuries due to a car accident in California, the Accident Attorneys at Maison Law are here to help. We’ll fight for your right to fair compensation, as well as ensure your insurance rates do not go up if you’re not liable for the accident. We’ve managed numerous car accident cases and we specialize in protecting drivers from liability as well as reaching successful car accident settlements. Contact Maison Law today for a free, no-risk consultation and case evaluation. There are no upfront fees and you don’t pay a cent until we’ve won your case.
