The days and weeks following a vehicle collision can be stressful, even when you have insurance. The challenges multiply when the at-fault driver doesn’t have the means to compensate you for the damages they caused. While uncommon, it’s essential to be prepared for the possibility of an accident with an uninsured driver, so let’s discuss what you need to know.
What’s the Minimum Car Insurance Required in California?
Per California law, every driver must be “financially able” to provide monetary protection to those injured in a vehicle collision or their damaged property. Also known as financial responsibility, auto insurance is mandatory in California. The minimum insurance requirement is liability insurance that covers the following:
- $30,000 for injury or death to one person.
- $60,000 for injury or death to more than one person.
- $15,000 for property damage.
Drivers have a 30-day grace period after purchasing a vehicle before they’re in violation of the law and can be fined. However, we have experienced how important it is to buy comprehensive insurance quickly to avoid the potential financial consequences of causing an accident without insurance.
Who Pays If an Uninsured Driver Hits Me in California?
If you are in an accident with an uninsured driver, they will be solely responsible for repaying your damages. The at-fault, uninsured driver must legally cover all your costs out-of-pocket immediately, including repair costs, medical expenses, and lost wages. Unfortunately, getting the money you’re owed isn’t always easy.
It is essential to be aware that if a driver doesn’t have insurance, it is likely that they will not have sufficient assets to pay your damages. The uninsured driver will also receive traffic citation fines and may even face criminal charges depending on the severity of the accident.
Do I Need Uninsured Motorist Coverage in California? (“Do I need uninsured motorist coverage
Many vehicle insurers offer uninsured/underinsured motorist insurance, but it isn’t automatically included in every policy. In some states, UM/UIM insurance is compulsory, but in California, drivers may refuse it. Insurance providers are required to offer it, and if you choose not to add it to your policy, you must reject it in writing.
UM/UIM coverage can protect you when someone else causes your injuries and property damage. Uninsured motorist coverage can provide essential financial support after an accident, so you do not have to pay for medical treatment out of your pocket.
What Should I Do Right After Being Hit by an Uninsured Driver?
We advise prioritizing your health by seeking medical attention as soon as possible. Some injuries are not evident immediately and may only become apparent once the shock and adrenaline have worn off. If anyone involved in the accident is seriously injured, contact emergency services immediately.
Even if your injuries are not severe enough to require surgery or hospitalization, there may be long term repercussions. Any long-term care needs must be considered because they can represent a significant future financial burden. Seeing a doctor is also a crucial part of pursuing legal action, as their report will provide evidence of your physical condition after the accident.
If you are physically able to, it’s necessary to gather as much information as you can before leaving the accident scene. Be sure to contact the police first and report the accident. A police accident report is vital evidence containing initial observations, the behavior of the drivers, and the officer’s opinion about the cause of the accident.
When law enforcement has been called, exchange contact information with the other driver, collect witness contacts, take photos, and write down everything you remember about the accident. These details will be necessary to claim from your insurer and file a lawsuit against the at-fault driver.
Once you have left the scene and received medical attention, schedule an appointment with a car accident attorney. Before making decisions or paying bills, it’s imperative to understand your rights and your options for compensation.
Should I Hire a Lawyer After an Uninsured Driver Accident?
The process of seeking compensation from an uninsured motorist can be complex. The state laws surrounding mandatory auto insurance and comparative negligence add nuanced layers to car accident cases.
Simple cases can quickly become challenging when a driver without insurance disputes liability or doesn’t have the money to pay damages. The support of an attorney during this process can help you navigate the hurdles more effectively.
Can I Sue an Uninsured Driver in California?
Pursuing legal action after a car accident with an uninsured driver does not have to feel overwhelming. When you’re dealing with injuries, missed work, and financial burdens, we can help you. While the process can be complicated, you have the right to seek compensation—you don’t have to do it alone.
If you’ve been injured by an uninsured driver, contact HHJ Trial Attorneys to schedule a free consultation. We are here to provide advice, support, strategy, and legal expertise to help you find your feet after
