Uninsured Driver Accidents
Recovering from a car accident can be difficult even if you receive an insurance settlement from the driver who caused your crash. When the at-fault driver is uninsured, however, it can be even more of a struggle to move forward from the collision. You may need to hire a Los Angeles car accident attorney to help you navigate this complicated type of case.
What Is an Uninsured Driver?
An uninsured driver refers to one who is illegally driving without any automobile insurance at all or without at least the amounts that are required by law in California. Under state law, all drivers must show proof of financial responsibility in the form of automobile insurance policies. People who drive without insurance put others at risk of financial losses by being unable to pay for the damage that they cause.
What Are Your Legal Options if Your Car Accident Is Caused By an Uninsured Driver in California?
In a typical car accident claim in California, the at-fault driver’s car insurance would pay for your medical bills and property repairs. If the driver is uninsured, however, other options may still be available. After an accident with an uninsured driver, contact your own car insurance company to find out if you have uninsured or underinsured motorist (UM/UIM) coverage.
UM/UIM coverage is an optional type of insurance in California, but it must be rejected in writing. If you did not reject it, it can help you pay for your hospital bills, doctor visits, lost wages, and pain and suffering after an accident involving an uninsured motorist. You may also have collision coverage that can pay for your motor vehicle repairs, regardless of fault.
Another option is filing a personal injury lawsuit. You could file a lawsuit directly against the at-fault driver – although an uninsured driver may not have the assets to pay a judgment award. You may also be able to sue a third party, such as the at-fault driver’s employer if he or she was on-duty, a government entity for a roadway hazard that contributed to your accident, or a manufacturer for a defective motor vehicle part.
What to Do After an Uninsured Driver Accident in California
The steps that you take after an accident with an uninsured driver are important for building a strong foundation for a claim or lawsuit. Steps that can benefit you include:
- Check for injuries and seek medical attention without delay. Even if you initially feel uninjured, your adrenaline may be masking pain.
- Call the police to report the accident. You should always report an accident involving an uninsured motorist to law enforcement.
- Gather information and evidence. Exchange information with the other driver and take photographs at the accident scene. Collect the names and information of any witnesses.
- Notify your own car insurance company of the car accident and ask about coverage that may exist under your policy, such as uninsured motorist insurance.
- Explore your other options with a car accident attorney. Contact a lawyer to discuss other sources of financial compensation that may be available to cover your losses.
Uninsured driver accidents can lead to challenging claims. Hiring a skilled personal injury attorney in Los Angeles can help you navigate your case effectively while preserving your rights and best interests. To learn more about a specific car accident case, request a free consultation with an attorney at Rose, Klein & Marias, LLP.