What Happens When You Are Hit by an Uninsured Driver?

If you have been in an accident with an uninsured driver, you may be wondering how you will recover financial compensation for your injuries and property damage

Each year, there are nearly 200,000 injury-causing car accidents in California, resulting in nearly 270,000 persons injured, and some of those injuries are catastrophic. Considering that approximately 4 million California drivers are uninsured, the likelihood of being injured in a collision with such a driver is certainly cause for concern.

In California, the uninsured driver is personally liable for any injury or property damage which was caused by their negligence. While you can pursue a legal action against the uninsured driver, it may be costly and you may be unable to collect on any court judgement you receive.  If you have uninsured motorist coverage as part of your auto insurance policy, a claim can be filed with your own auto insurance, and this is often the best route to pursue.

The Effects of Car Accidents in California

Vehicle crashes are among the leading causes of death and serious injury in the United States. These accidents often cause immediate and long-term consequences that significantly impact the lives of the victims. Physical injuries like broken bones, lacerations, spinal cord injuries, and brain damage are common after a car accident. Psychological and emotional trauma can accompany the physical effects, as well. In addition to the pain, suffering and difficulty from injuries and trauma, lost work and hospital bills can quickly create financial strain, as can property damage and ongoing health care needs.

California Car Insurance Requirements

California prohibits insurance companies from increasing rates after an accident that was not the policyholder’s fault. Your specific insurer may have requirements involving notification, and most do require drivers to report accidents in a timely manner. Whether or not you are at fault for the crash, it is a good idea to report it to your insurance company.

California requires every driver to carry a set minimum amount of liability coverage for bodily injury and property damage, which is $15,000/$30,000/$5,000. The state’s fault-based insurance laws indicate that accident victims should file claims against the responsible party’s insurer. What should be done if the crash was caused by an underinsured or uninsured driver?

Underinsured and Uninsured Motorist Coverage

Many people struggle to cover the expenses associated with their injuries and property damage from vehicle collisions. Insurance coverage is often necessary to help cover these costs and provide some peace of mind to injured drivers and passengers. However, if an uninsured or underinsured driver is at fault for the accident, compensation could be out of the question unless you carry uninsured and underinsured motorist coverage as part of your own auto insurance coverage. This type of coverage is optional in California but carrying this extra protection can be an absolute lifeline if you are involved in an accident with an underinsured or uninsured driver.

An uninsured driver carries no insurance coverage, thus leaving the other drivers at risk of financial loss following an accident. Underinsured drivers may meet the state requirements for minimum coverage, but when such coverage is not sufficient to cover your accident-related expenses, that motorist is underinsured. In either scenario, your own auto coverage can step in to take care of the difference in compensating you for your financial damages, including medical expenses, and pain and suffering, if you are carrying these optional additional uninsured motorist coverages.

Making an Uninsured Motorist Claim in California

Filing a claim under your own insurance company’s uninsured motorist coverage works much like any other type of car insurance claim. Make the necessary notifications, including to the Department of Motor Vehicles (DMV) and your insurer. This is a crucial step because failing to notify the DMV could result in your license getting suspended. Next, your insurance company will investigate the crash in an effort to decide on its approach to the claim. We always recommend you seek the counsel of a skilled car accident lawyer immediately after a car accident. A skilled car accident lawyer will investigate the accident, and forcefully advocate for your legal rights with any involved insurance companies. If you are unhappy with the insurer’s decision, you will have the option to file a lawsuit, or demand arbitration against your insurer if required by your insurance policy. Your car accident lawyer can handle those legal actions should your insurance carrier or the other person’s insurer unjustly deny your claim.

For personal injury claims arising from car accidents between private parties, a lawsuit must be filed within two years from the date of the accident if you have not settled your claim. This is to satisfy California’s statute of limitations on this type of case. The sooner you assert your personal injury claim after the accident, the more likely your claim will be resolved successfully without a lawsuit. If the other driver is uninsured, and you have uninsured motorist coverage, your claim deadline against your own insurer and policy will run in accordance with the policy provisions and/or applicable law.

Damages Awarded in California Personal Injury Claims

If you file a bodily injury claim or lawsuit in connection with your car accident, it will be considered a personal injury case. There are laws involving the types of damages you can be awarded in California.

Economic Damages

Economic damages are determined based on the specific dollar amount of the expenses you’ve accumulated. Expenses you’ve incurred or will incur due to the following may be included:

• Medical expenses
• Medications and assistive devices
• Future medical expenses
• Lost wages
• Future loss of earnings
• Property damage and repair

Non-economic Damages

Non-economic damages can be more difficult to quantify because they do not have a specific or clear-cut value. A skilled car accident lawyer will be able to accurately assess the economic value of these damages. This type of damages can include:

• Emotional distress
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress damages for permanent disfigurement or disability
• Anxiety, grief, and shock

Without uninsured motorist coverage, these expenses could be your responsibility alone, and you may be at a total loss for all accident-related damages. This added layer of protection against financial loss after an accident is substantial enough to be the determining factor for many people to obtain uninsured motorist coverage. The same is true of underinsured motorist coverage. It will protect you if the other driver isn’t carrying enough coverage. If you do not carry uninsured motorist coverage, your only option may be to file lawsuit against the party responsible for causing the accident. However, collecting any resulting damages award can be difficult.

We Offer a Free Consultation to Car Accident Victims, And There Are No Fees Unless We Successfully Recover Compensation For You

We understand that the fees associated with hiring attorneys are a leading cause of victims not seeking the legal representation they desperately need. That’s why we handle these cases on a contingency fee arrangement where our fee is contingent on your outcome. The client pays nothing upfront. The lawyer is only paid if they recover compensation for the client and then they are paid out of that compensation they recover for the client.

Our legal fees on your case are a percentage of the compensation we recover for you. If there is no compensation recovered for you, there is no fee, and you owe us nothing.

We want everyone who has been seriously injured in an accident to have access to top-notch legal counsel for their personal injury case. We have recovered tens of millions of dollars in compensation for countless accident victims we have helped over the years. Let us help you recover substantial compensation for your injury claim.

Contact us today for a free consultation and case evaluation.

Read next: Should I get a lawyer for a car accident in California? 

The general information provided on this website should not be considered legal advice and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney-client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.