Maison Law represents car accident victims in California. It’s incredibly frustrating to be in a car accident caused by someone else, but this takes on a heavier meaning when the other driver doesn’t have insurance. This complicates the legal process, but doesn’t take away your rights. To learn more, contact our California car accident lawyers today for a free consultation.
Should You Get a Lawyer For an Uninsured Car Accident in California?
Having car insurance isn’t just for your protection, it’s also a legal requirement in California. What isn’t a legal requirement is having a lawyer for a claim. But whether or not you need a lawyer depends on how serious and confusing your situation is. One thing about another driver not having insurance is that it’s going to make things harder, and if that’s the case, you should definitely consider getting a lawyer.
Our team at Maison Law has extensive experience in every car accident situation, including going through insurance companies for financial support. We can help you by:
- Explaining your options
- Finding other areas of financial support
- Gathering evidence and information for a claim
- Negotiating with your own insurance carrier for a fair settlement
- Filing a lawsuit, if necessary
You never want to be involved in a car accident, but especially if there’s no insurance to cover your losses. Still, this happens, and when it does, you need effective guidance and legal support. Our lawyers can give you that.
What Are the Insurance Requirements For Vehicles in California?
In terms of legal requirements, every driver in California has to carry auto insurance. It’s not all that complicated to see why: both drivers are expected to exchange this information so that the insurance companies can work out the details. However, not all drivers follow the law requiring minimum insurance coverage.
In a situation where you’re involved in a car accident where there’s no insurance coverage, it means you’re going to have to find other ways to get the finances that will help you recover. Most of the time, this means going through:
- Uninsured Motorist (UM)
- Underinsured Motorist (UIM)
Let’s break down the difference between these policies:
Uninsured Motorist (UM) Coverage
This coverage applies when the at-fault driver has no insurance or fails to meet California’s minimum liability requirements. These minimums include:
- $15,000 coverage per person for injury or death.
- $30,000 total coverage for all injuries or deaths in the other vehicle.
- $5,000 coverage for damage to the other vehicle.
If the at-fault driver lacks the necessary coverage or has no insurance at all, your UM policy will step in to cover your medical expenses and vehicle damage.
Underinsured Motorist (UIM) Coverage
Sometimes, the other driver has insurance, but only the minimum required coverage, which may not be enough to cover you for the full extent of your damages, especially in more serious accidents.
If you have UIM coverage, and the other driver’s insurance doesn’t cover all your costs, you may be able to file a claim with your health or homeowner’s insurance to help recover the remaining expenses for your injuries and vehicle damage.
While this gives you an idea of what your options are, it’s going to come down to specifics. So, like any other accident, you need to figure out who’s responsible for the accident itself and how that plays into your options.
What’s the Claims Process After a Car Accident?
Whenever you’re hurt in a car accident, it gives you the legal right to file an injury claim against whoever is responsible–whether they have insurance or not. You basically have two options:
- Filing an insurance claim
- Filing a personal injury lawsuit
As we’ve covered, insurance is going to be involved in both options. Usually, it starts by filing an insurance claim and going through that process. It’s generally quicker, but because it’s totally controlled by the insurance company, you probably won’t get a settlement that covers all your damages. This is true even if you have to go through your own insurance. An insurance company’s overall goal is to save money.
If the insurance settlement isn’t enough (or better yet, if the other driver doesn’t have insurance at all,) you can file a personal injury lawsuit. This takes longer because it’s handled through the civil court system, but this also means you have a better chance at getting a fair result since it’s overseen by an impartial judge.
No matter which option you choose, the goal is to recover “damages.” These are based on your injuries and losses, and can include things like:
- Medical bills
- Vehicle repair or replacement costs
- Lost wages or potential future earnings
- Pain and suffering
- Emotional distress
- Reduced quality of life or loss of companionship
- Funeral or burial expenses if the accident resulted in death
- Punitive damages, in cases of intentional negligence
Remember, your damages are going to be closely related to your accident and what injuries and other losses resulted from it. But even before you get to this point, you have to figure out who has to actually pay for your damages
Who Pays For Your Damages After a Car Accident in California?
The reason that insurance is so important in a car accident is simple: the insurance company is the one you go against in the claims process–and are the ones who actually pay you. Legally speaking, though, you have to first show negligence. In the context of a car accident, this means showing:
- Someone had a legal duty to act in a way that doesn’t cause harm.
- They failed to do so.
- Their actions directly led to the accident.
- As a result, you were injured and experienced losses.
These points help determine who is at fault for your injuries and damages. Keep in mind that responsibility can be shared among multiple parties, including yourself. Those who could be responsible for a car accident include:
- Other drivers involved
- The car owner (if it’s not the driver)
- Car or parts makers (if a defect caused the crash)
- The city or state government (if poor road conditions were a factor)
- Employers (if the driver was working or in a company vehicle)
- Repair shops (if faulty repairs contributed to the accident)
No matter who’s liable for paying for your damages, you still have to actually show your losses. You do this right after the accident happens, and it’s especially important if the other driver doesn’t have insurance. You have to call 911 to get medical care and police help, and give the other driver and anyone else involved your insurance information. From there, make sure to take pictures and videos of the scene, and keep track of any evidence you get. Lastly, don’t admit fault or make lengthy statements to an insurance rep to protect your claim.
Contact Maison Law After a California Car Accident With an Uninsured Driver
Being in a car accident is stressful, and it’s even worse when the other driver doesn’t have insurance. Even though California law requires drivers to have coverage, not everyone does. If you’re hit by an uninsured driver, our team at Maison Law will guide you through the claims process and make sure you have a strong claim. Contact us today for a free consultation to talk about your options.
