If you’re in a car accident, you’re probably feeling stressed, worried, or overwhelmed by what happened. And to make matters worse, the claims process can be difficult and emotionally draining. The last thing you need is to have a car accident with an uninsured driver!
However, uninsured driver crashes are a sad reality of driving on Californian roadways. And even minor car accidents with uninsured drivers can be challenging. To help you navigate the claims process, here’s a guide to handling car accidents with uninsured drivers.
Car Insurance Laws in California
Car insurance is mandatory in California. You must carry a certain amount of insurance to cover accident-related losses, including:
- Medical expenses
- Property damage
- Death and catastrophic injury
California is a “fault” state. This means that the driver who causes a crash is responsible for paying the resulting damages. If you have car insurance, your insurance covers these costs. However, if an uninsured driver causes the crash, matters are more complex.
Claiming Compensation After a California Car Accident
If you have car insurance, chances are you also have uninsured motorist (UM) coverage.
This cover protects you if you’re hit by an uninsured driver. You can rely on this policy if the driver has no insurance, or they are underinsured. It allows you to recover damages for medical expenses and other economic losses resulting from the crash.
Not sure if you have UM coverage? Check your policy. But unless you opt out of UM coverage in writing, then insurers in CA are typically obliged to provide it.
Time Limits for Claiming Compensation
There are time limits for filing accident claims after a car crash.
- Personal injury claim: Two years after the date of the accident.
- Property damage claim: Three years after the accident date.
Your claim may be “time barred” if you don’t file by the deadline.
Your insurance company will also expect you to report a crash within a certain timeframe. This will be specified in your policy. Should you not report the accident in time, your insurer might reject your claim.
Can I Claim Compensation After a Car Accident with an Uninsured Driver?
At fault accidents with uninsured drivers can leave you confused by when you can sue and how you claim damages. The short answer is that it all depends on a few key factors, including:
- Who caused the crash; and
- If you have uninsured motorist insurance.
Let’s consider these factors in more detail.
Can I Sue the Uninsured Driver?
You can sue the uninsured driver directly. However, the risk is that they may not have the financial resources to cover the damage. A car accident attorney can advise if suing the uninsured driver is a suitable strategy.
Can I Claim Through My Own Insurance Company?
If the other driver is uninsured, you can claim through your own UM coverage. However, your policy may not cover the full cost of your injuries or property damage. This is common in serious or life-changing car accidents.
The May Firm team can advise how you might proceed in such a case.
What if I Was at Fault for the Crash?
Depending on your policy, your insurer may cover some, or all, of the costs. However, if you’re found to be wholly or mostly responsible, then claiming damages is more challenging. This is when it’s crucial to have an attorney on side to explain your options.
Can I File a Personal Injury Lawsuit?
If the other driver caused the crash, you may have a personal injury claim. You can only file such a claim if the other driver’s negligence caused your injuries, however. Our team can advise whether a personal injury claim is an option.
Steps to Take After Car Accidents with Uninsured Drivers in California
If you’re in a car crash with an insured driver, it’s important to know what happens next. To help, here’s what to do if an uninsured driver gets in an accident with your car.
- If there are any medical emergencies, contact 911 as a priority. Make sure everyone is safe.
- Exchange details with the other driver(s) involved. This means taking their name, license plate number, and contact details.
- Gather evidence at the scene. Photograph property damage, road hazards, and any injuries. And check for witnesses if available – their testimony could be invaluable later.
- Report the accident. You must report the crash to the police if there are any personal injuries, however minor. And you can use the accident report to help support your claim.
- Seek medical attention, even if you feel fine. Until a doctor confirms you’re okay, there is always the risk that you will have a hidden injury.
- Contact your insurance company. Report the crash as soon as possible. Otherwise, your insurer may try to claim that the damage is unrelated to the crash.
- Hire a car accident attorney. A lawyer can explain if you have a claim and help you pursue compensation.
Free Consultation with Car Accident Attorneys in CA | May Firm
Car accidents are always stressful. But when you’re hit by an uninsured driver, the whole incident can seem overwhelming. But that’s where the May Firm can help.
At the May Firm, our car accident attorneys truly care about what you are going through. We treat every client like a treasured family member – you are our top priority. And we will do everything we can to help you secure the compensation you deserve.
Every initial meeting with our team is free, and we don’t charge anything unless we win your case. So, you have nothing to lose by calling us for a consultation. We will listen to what happened, explain if you have a claim, and discuss your options. And if you have a compensation claim, we will stand by your side through the entire process.
Don’t let a chance to seek compensation for your injuries pass you by. Call the May Firm today or reach out online to tell us what happened.
