The state of California is an at-fault state for motor vehicle accidents. If you are involved in a car accident in California, you can sue the uninsured driver to recover your damages.
Normally, the driver’s insurance company navigates most car accident lawsuits. Drivers in California must provide proof of monetary responsibility for the accident they are involved in. Most drivers have minimum car insurance coverage to fulfill that requirement.
However, what happens if the driver does not have car insurance or another acceptable form of monetary responsibility? Can you sue someone without insurance who hit your car?
Suing An Uninsured Driver After A Car Accident In California?
When you ask a personal injury attorney how to sue an uninsured driver, they explain that you have a better choice of recovering compensatory damages. First, a skilled car accident attorney verifies your case to determine all of the damages for your car accident. Then, the attorney will determine the best way to seek compensatory damages for an uninsured driver.
Following are the options you have to recover damages after an accident caused by an uninsured driver:
- Suing An Uninsured Driver:
All lawsuits are risky. You have to prove the uninsured driver was the cause of the crash. Therefore, the attorney analyzes how strong evidence you have provided before proceeding with the case.
If you win the case then you get a judgment against the uninsured driver However, you might need to take legal action for your personal judgment case because it sometimes does not guarantee payment.
People without car insurance might not have enough assets or monetary income to pay a judgment. If not then you do not receive your deserved money. Skilled car accident attorneys evaluate your case to judge if suing an uninsured driver is right.
- File An Uninsured Driver Claim With Your Insurance Company:
An insurance coverage that you can acquire with your liability insurance policy is called Uninsured motorist coverage. Uninsured motorist (UM) insurance compensates you for damages if the accident was caused by an uninsured driver.
You must be able to prove that the driver did not have insurance and was the cause of the accident. However, if your case is proven, your insurance company will compensate you for economic and non-economic damages that also include the following:
- Physical pain and suffering
- Loss of enjoyment of life
- Disfigurement, impairment, and disability
- Loss of income and benefits
- Cost of personal care and nursing care
- Out-of-pocket expenses
- Emotional distress
- Diminished earning capacity and future lost wages
- Cost of medical treatment
- Decrease in quality of life
The merit of an uninsured driver lawsuit depends on the severity of your injuries, the total of your monetary losses, the amount of your insurance coverage, and other components.
Your insurance company might pay for your car and refund your medical treatment bills depending on the type of your purchased coverage. You should consult your insurance agent to confirm coverage.
What Should You Do After An Accident With An Uninsured Driver?
- After a car accident, you need to park at the safest location to get the necessary aid and exchange data with the other driver who is most likely the uninsured one.
- If you or anyone sustains injuries, you can not move your car, or there is extensive property damage, for assistance call 911. Normally, it is advised to call 911 whenever you are involved in a car accident so you have an official report.
- Take photographs and use your cell phone to make a video of the accident scene, this would help you in documenting the accident. Moreover, ensure you ask eyewitnesses for their contact information. Testimony of eyewitnesses can help prove negligence in a car accident lawsuit.
- Visit a doctor immediately after the car accident. Your injuries should be documented for the claim. You must also prove that you have sustained damage, also proving fault in a car accident case.
- You should consult with a car accident attorney. Uninsured driver lawsuits can be tough to prove. Even though you are dealing with your car insurance agent, it does not guarantee payment of your claim in the lawsuit.
An insurance agent who is assigned to your lawsuit looks over your accident. Agents always secure the insurance company’s best interests, even when a plaintiff files a lawsuit.
That is why your statement to the insurance agent could be used to deny your lawsuit. Having legal advice from your attorney before dealing with an insurance company is always in your best interest to secure your right to compensatory damages for car accident injuries or damages.
If you are ever involved in a car accident in California and sustained injuries or damages and if you lost a dear one and you need legal assistance from an attorney contact and consult an experienced attorney. They would help you navigate through your case.
