What to Do If You’ve Been in an Accident Involving an Uninsured Motorist
Car insurance exists to make the rigors of being in an auto accident easier. In a perfect world, your auto insurance policy will cover the cost of your property damage expenses as you faithfully pay your bill on time. Unfortunately, car insurance company rules are complex, and adjusters will often use loopholes to ensure they pay out as little as possible. These matters become even more complicated when one of the drivers involved in the accident is uninsured. So what happens in an uninsured accident in California?
Uninsured Motorists: A Hidden Threat
A car accident is stressful enough, but if an uninsured driver is involved, it can be a downright disaster. According to data compiled by the Insurance Research Council, as many as 1 in 7 drivers are currently on the road without insurance.
Like most states, California has laws that dictate minimum amounts of insurance coverage for anyone on the road. In our state, the law mandates all drivers purchase a policy that covers an accident with an uninsured driver.You can waive this requirement in writing, but you’re 100% liable for all damages in the event of an accident. The minimum requirement is $15,000 in uninsured motorist coverage, but most carriers recommend an amount well above that. Uninsured motorist coverage also protects you in the event of a hit-and-run accident.
If you’ve been injured in an accident involving an uninsured or underinsured motorist, you’re free to pursue damages to recoup your expenses. However, many uninsured motorists don’t have any funds to dole out for personal injury claims. The courts will allow you to sue for co-pays and deductibles your own insurance won’t cover, but uninsured motorists often won’t have the money to reimburse you for any of these expenses.
I Don’t Have Insurance and Was In A Car Accident. Now What?
If you were the uninsured driver involved in the accident, what should you do? If this is the case, don’t flee the scene of the accident. If the police catch you after the fact, you’ll more than likely face criminal charges.
Check to make sure everyone is unharmed, and contact the police so they can compile a written report. If the other driver was at fault, you can still recoup some of your medical and property damage expenses from his or her insurance.
If you were the one at fault, you still need to file a police report. The other driver is legally allowed to sue you to recoup expenses, and having a written record of the accident could help your case. You should also elicit help from an attorney who can help protect your rights.
The other driver’s insurance company may contact you to set up a payment plan as a show of good faith. It’s essential that you make these payments on time to avoid additional legal recourse. If the other driver has uninsured coverage as part of his or her insurance package, you may only be required to pay the deductible.
Hire an Attorney to Protect Your Rights
Whether you’re the uninsured driver or the one involved in an accident with an uninsured motorist, enlisting the help of an expert law firm is a crucial step in securing the best outcome. If the other party is at fault, we can help you collect payment and file a personal injury claim. We’ll work with the police department and insurance companies to review records, identify discrepancies in reports, and hold the guilty party responsible.
If you’re having trouble recovering from your medical bills and lost wages, contact our office for a risk-free initial consultation. Our San Diego car accident attorneys will sit down with you to review the specifics of your case and decide on the appropriate next steps. To start your personal injury claim today, contact us.