Can You Recover Compensation After an Accident With an Uninsured Driver?
A car accident is stressful enough without discovering that the driver who caused the crash does not have insurance. Unfortunately, uninsured drivers can make an already difficult situation more complicated. An injured driver may wonder who will pay for medical treatment, vehicle repairs, lost income, and other losses. California requires drivers to carry certain minimum amounts of auto liability insurance. However, not everyone follows the law, and some drivers may have insurance that is no longer active when a crash occurs. If you are injured by an uninsured driver, you may still have options for recovering compensation.
California Requires Drivers to Carry Auto Insurance
California law requires most drivers to carry liability insurance or otherwise meet the state’s financial responsibility requirements. Liability coverage is intended to help pay for injuries and property damage when an insured driver causes a collision.
The state’s minimum liability limits are currently:
- $30,000 for injury or death to one person
- $60,000 for injury or death to two or more people
- $15,000 for property damage
These minimums may not be enough to cover the full cost of a serious accident. If the other driver has no insurance at all, recovering compensation can become even more challenging.
Your Uninsured Motorist Coverage May Help
One of the most important sources of compensation after a crash with an uninsured driver may be your own uninsured motorist (UM) coverage. Uninsured motorist coverage is designed to help protect you when another driver causes an accident but does not have liability insurance. Depending on your policy, it may help cover certain losses related to injuries caused by the crash.
California insurers generally must offer uninsured motorist coverage when issuing an auto policy. Drivers can choose to reject the coverage, however, so it is important to review your policy to determine what protection you have. Your policy may also include underinsured motorist coverage. This can become important when the at-fault driver’s insurance exists but is not enough to cover the full extent of your damages.
What if the Driver Has Insurance, but the Policy Is Not Enough?
Not every accident involving inadequate insurance involves a completely uninsured driver. For example, another driver may carry only the minimum required coverage. If you suffer serious injuries that result in substantial medical bills and lost income, the available policy limits may not fully compensate you.
This is where underinsured motorist coverage may become important. Your own insurance policy may provide additional coverage, depending on the circumstances and the terms of the policy. Determining what coverage applies can require reviewing the policy and the facts of the accident.
You May Still Have a Personal Injury Claim
An uninsured driver does not automatically eliminate your ability to pursue a personal injury claim. You may still have a claim against the driver who caused the accident. However, collecting compensation directly from an uninsured driver can be difficult if that person has limited assets or financial resources.
For that reason, your own insurance coverage may become particularly important after an uninsured motorist crash. An attorney can help investigate the accident, determine who was at fault, and identify potential sources of insurance coverage.
What Compensation Could Be Available?
An uninsured motorist accident can cause the same physical and financial consequences as any other serious collision. Depending on the circumstances, compensation may cover losses such as:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Vehicle or property damage
- Pain and suffering
The amount available will depend on the severity of your injuries, the applicable insurance policies, and other circumstances surrounding the accident.
What Should You Do After an Uninsured Driver Crash?
The steps you take after the accident can help protect your health and your potential claim. First, seek medical attention for any injuries. Some conditions may not produce obvious symptoms immediately, so an evaluation can be important even if you initially feel relatively well.
You should also report the accident to law enforcement and exchange information with the other driver when possible. Photograph the vehicles, accident scene, and visible injuries, and collect contact information from witnesses. Finally, notify your insurance company about the accident. Be careful about providing recorded statements or agreeing to a settlement before you understand the full extent of your injuries and available coverage.
Don’t Assume Your Insurance Will Automatically Cover Everything
Uninsured motorist claims can involve more than simply proving that the other driver did not have insurance. Questions may arise about who was at fault, what injuries were caused by the collision, what coverage applies, and whether your losses exceed the available policy limits. Insurance companies may also evaluate these claims carefully because the claim is being made against your own policy. Understanding your coverage and the value of your injuries before accepting a settlement can help prevent you from resolving a claim before you know the full extent of your losses.
Ashton & Price Attorneys at Law: Your Auto Accident Advocates
Being hit by an uninsured driver can leave you dealing with medical expenses, vehicle damage, and uncertainty about how you will recover financially. If you or a loved one has been injured in an accident involving an uninsured or underinsured driver, Ashton & Price can help you understand your coverage and explore your options for pursuing compensation. As Sacramento’s most trusted personal injury attorneys, they proudly represent injury victims throughout Sacramento and the Bay Area. Call (916) 786-7787 or (415) 843-2000 or contact us online today for a free consultation.