Maison Law helps car accident victims in California by answering their questions about the claims process. Insurance is a huge part of any car accident, and it’s actually legally required before you drive in California. Unfortunately, though, not everyone follows this law. So, you might be wondering what happens if you get insurance after an accident. Our experienced team can help you through this process. Contact us today for a free consultation.
What Happens If You Get Car Insurance After an Accident?
It’s true that you have to have car insurance by law in California. But like anything else, just because there’s a law in place doesn’t mean people will follow it. This is obviously pretty troubling in the event that you’re in a car accident and the other person doesn’t have car insurance–or you don’t have car insurance.
Basically, if you don’t have car insurance at the time of the accident, getting it afterward won’t help you. A policy only applies at the time of the accident itself. So, if you don’t have car insurance when you’re in an accident, you don’t have any protection and are going to have to pay for everything out of your own pocket. And in a typical car accident, this can be pretty significant.
What Comes Out of a Car Accident?
In terms of the actual cost of a car accident, there’s two main factors: liability and damages. Liability is all about who’s responsible for causing the accident–and thus are legally responsible for paying for damages.
Liability itself hinges on “negligence,” which means showing:
- The other driver or party had a duty to drive safely.
- They failed to meet this duty.
- Their failure directly caused the accident.
- The accident led to your injuries and losses.
Depending on what actually happened, any or multiple of the following could potentially be liable:
- Other drivers
- Passengers or pedestrians
- Vehicle owners (if not the driver)
- Vehicle or part manufacturers
- Government agencies
- Employers
- Repair shops or mechanics
There’s also “comparative negligence” to worry about. This is a law in California that says your recovery is going to be reduced by the percentage of the fault you share in the accident. So, if you’re deemed to have been 20% responsible for the accident, your damages will be reduced by 20%.
Damages in a Car Accident
The real cost of a car accident involves a lot of different things, from medical bills to emotional and psychological trauma. That’s the main reason having insurance is so important–it pays for these things, like:
- Medical expenses
- Costs for car repair or replacement
- Lost wages or future earnings
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or companionship
- Wrongful death expenses (in fatal cases)
Again, when you don’t have car insurance, you’re going to be legally responsible for paying these things yourself. And the worse the accident is, the more you’re going to have to pay.
What Should You Do If You Cause a Car Accident Without Insurance?
Being in a car accident when you don’t have insurance can be challenging. Even if you’re at fault, though, there are important steps you should take to protect yourself and handle the situation properly:
- Get medical care – Check for injuries right away and call 911 if needed. Let emergency medical technicians (EMTs) provide treatment and go to the hospital if you have any lingering injuries.
- Call the police – Call the local authorities, whether it’s the city police, county sheriff, or the California Highway Patrol, to document the accident. They’ll manage the scene and help everyone swap information.
- Collect information – Gather names, contact details, and insurance information from everyone involved, especially the other driver. If possible, get contact information from any witnesses.
- Document the scene – Take photos or videos of the accident scene, showing vehicle damage, road conditions, and any visible injuries.
- Be careful – Be mindful of what you say when speaking with insurance companies, as they might look for statements that could hurt your position. Also, don’t post about the accident on your social media.
Even if you’re at fault and don’t have insurance, following these steps can help protect you and prepare for any legal or financial problems that may come up. Getting insurance afterward won’t help you in the short-term, but it’s extremely helpful moving forward.
Should You Get a Lawyer After a Car Accident in California?
Even small car accidents can be complicated, particularly if you don’t have insurance. Regardless, our team of experienced California car accident lawyers at Maison Law can make the entire process easier for you by:
- Explain your legal rights and options.
- Investigate the accident to determine who is at fault.
- Collect important evidence, like photos and medical records.
- Talk to witnesses to strengthen your case.
- Handle negotiations with insurance companies and the other driver’s lawyers.
Our goal is to help you get a fair result for any injuries and just make things easier for you. We offer free consultations and work on a contingency-fee basis, meaning no upfront costs to you. Contact us today for a free consultation.
