Getting hit by an uninsured driver in California can be a stressful experience in the aftermath, leaving victims wondering who will cover the costs for their vehicle repairs and medical bills. If the at-fault driver does not have insurance to cover the damage, what happens next?
This is where a specific type of insurance comes into play. Uninsured motorist coverage California is required for all drivers to have a minimum of $15,000 in liability insurance to cover damages caused by their vehicle.
Not all drivers follow this law, however, and choose to drive without insurance. This puts other drivers at risk if they are involved in an accident with a driver who does not have it.
This blog talks about the legal recourse for victims of vehicle accidents caused by recklessness and/or negligence in California.
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Understanding Uninsured Motorist Coverage California
California law requires all drivers to have car insurance. Despite this mandate, many drivers still operate vehicles without any coverage. When an uninsured driver causes an accident, it puts the victim in a difficult position. Fortunately, there is a type of insurance designed to address this issue: uninsured motorist coverage (UMC).
Uninsured motorist coverage is an optional addition to your auto insurance policy. It is designed to cover your costs if you are hit by uninsured driver. There are two main types of uninsured motorist coverage:
Uninsured Motorist Bodily Injury (UMBI)
This covers medical expenses, lost wages, and other related costs if you or your passengers are injured in an accident caused by an uninsured driver.
Uninsured Motorist Property Damage (UMPD)
This covers the repair or replacement of your vehicle if it is damaged by an uninsured driver.
How Uninsured Motorist Coverage Works in a Car Accident
When you are involved in an accident with an uninsured driver, this is when your uninsured motorist coverage California will kick in. Here’s what should happen if you get hit by insured driver:
- Report the Accident: Contact the police immediately to file a traffic collision report (SR-1 form). This document is crucial when filing an insurance claim.
- Contact Your Insurance Company through an Attorney: Notify your insurer about the accident and provide them with all the necessary information, including the police report and any evidence you have gathered (photos, witness statements, etc.). BUT, do this with the guidance of a personal injury lawyer to make sure you are not in any way shortchanged of your compensation.
- File a Claim: Your accident attorney will guide you through the process of filing a claim under your uninsured motorist coverage. This will include submitting all relevant documentation and information about the accident and damages.
- Investigation and Settlement: The insurance company will investigate the accident and determine the extent of the damages and injuries. Once the investigation is complete, they will offer a settlement based on your policy limits.
Hit By Uninsured Driver: What If You Don’t Have Uninsured Motorist Coverage?
If you do not have this type of insurance in California, recovering damages from an accident with an uninsured driver becomes more complicated. However, there are still options available to you:
1. Collision Coverage
Collision coverage is another optional component of your auto insurance policy. It covers the cost of repairing or replacing your vehicle, regardless of who is at fault. If you have this, you can file a claim with your own insurance company to cover the damages to your vehicle.
2. Health Insurance
For medical expenses, your health insurance can help cover the costs. Make sure to inform your health insurance provider about the accident and follow their procedures for submitting claims related to the incident.
3. Personal Injury Protection (PIP)
Personal Injury Protection, or PIP, is an optional coverage that helps pay for medical expenses, lost wages, and other costs regardless of who is at fault in an accident. Although this is not required in California, if you have PIP coverage, it can be beneficial in covering your expenses after an accident with an uninsured driver.
4. Suing the Uninsured Driver
If other options are unavailable or insufficient, you may consider taking legal action against the uninsured driver. This involves filing a lawsuit to recover damages for your injuries and property damage. However, this can still be met with issues down the road as many uninsured drivers may not have the financial resources to pay, even if you win the case.
Steps to Take After an Accident with an Uninsured Driver
Victims hit by uninsured drivers, what are your most immediate steps following a vehicle collision?
1. Ensure Safety
Ensure that everyone involved in the accident is safe. Move to a safe location if possible and check for any injuries. Remember: not all injuries are apparent, so it’s best to go to the emergency room and get a medical report.
2. Call the Police
Always call the police after an accident. A police report is an essential piece of documentation when filing an insurance claim or pursuing legal action.
3. Gather Information
Collect as much information as possible at the scene of the accident. This includes:
- The other driver’s name and contact information
- Photos of the accident scene, vehicle damage, and any injuries
- Witness statements and contact information
5. Consult an Attorney
Consulting with an accident lawyer is critical, especially if you are considering legal action against the uninsured driver or need assistance with your insurance claim. A California personal injury lawyer can help you understand your rights and guide you through the whole process, from filing to claiming.
6. Notify Your Insurance Company
Consulting with an accident lawyer is critical, especially if you are considering legal action against the uninsured driver or need assistance with your insurance claim. A California personal injury lawyer can help you understand your rights and guide you through the whole process, from filing to claiming.
Why You Should Consider Coverage for Uninsured Driver in California
Uninsured motorist coverage provides an additional layer of protection and peace of mind after an accident in California. Here are some reasons why you should consider adding it to your auto insurance policy:
- Protection Against Uninsured Drivers: With uninsured motorist coverage, you are protected if you are involved in an accident with California drivers who don’t have insurance.
- Coverage for Hit-and-Run: Uninsured motorist coverage can also cover hit-and-run accidents where the responsible driver cannot be identified.
- Comprehensive Protection: It helps cover medical expenses, lost wages, and vehicle repairs, reducing the financial burden on you or your family if you were injured in the accident.
At-Fault Driver is Uninsured? RTM Law Firm Can Help. Call our Accident Lawyer for a Free Consultation.
Being hit by uninsured driver in California can be challenging. But understanding your insurance options and taking the right next steps can help you recover damages from the ones at fault and to protect yourself financially.
Uninsured motorist coverage is a valuable addition to your auto insurance policy, providing protection and peace of mind in such situations.
If you find yourself in a situation that relates to uninsured motorist coverage California, contact the car accident lawyer at RTM Law, APC | Personal Injury Attorney. Our legal team is here for you 24/7 to answer any questions.
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