- September 2, 2022
- In car Accident
All vehicles parked or operated on California roads must have insurance. Unfortunately, many California drivers use their motor vehicles without insurance, which is bad news for anyone who is the victim of an accident in which the uninsured driver is negligent.
You may be a careful driver who follows all the rules of the road, turning on your blinkers when changing lanes and driving within the posted speed limits. However, no matter how careful we are, accidents happen. When another driver is at fault, we rely on their insurance company for compensation and pay for property damage and medical bills associated with personal injury.
However, if the driver does not have proper insurance coverage or no insurance at all, it is a completely different matter.
So, what happens when you or a loved one is involved in an accident with an uninsured driver?
Your first step should be to contact a California accident attorney with experience dealing with uninsured drivers. In California, you have a legal right to sue the uninsured driver who was at fault in your accident.
Uninsured and Underinsured Motorist Coverage Option
Uninsured and underinsured motorist insurance is an additional coverage option that you can add to your existing policy. This coverage protects you when you are involved in an accident with an uninsured or underinsured motorist. When you are involved in an accident with a motorist who does not have car insurance, you may turn to your may be able eligible for compensation from your insurance carrier.
California encourages drivers to carry uninsured motorist coverage. California law requires this supplemental coverage unless you have specifically opted out in writing. Uninsured motorist coverage covers you when you are injured by an uninsured driver or an underinsured driver, even when you are not driving a car. For example, your uninsured motorist coverage may apply if you are injured in a car accident as a cyclist or a pedestrian.
The statute of limitations for an accident victim to file a claim involving an uninsured or underinsured driver with their own insurance company is two years from the date of the accident.
What’s the Difference Between an Uninsured Driver and an Underinsured Driver?
- Uninsured Driver: An uninsured driver is someone who is driving an automobile without any auto insurance coverage. If you are involved in a car accident with an uninsured driver, and you have uninsured driver coverage from your auto insurance company, you can usually receive benefits equal to the amount of the policy’s standard liability coverage.
- Underinsured Driver: An underinsured driver has car insurance but doesn’t have enough coverage to meet the minimum coverage standards required by state law. If you’re involved in a car accident with an underinsured driver, your uninsured driver coverage will typically cover the difference.
Compensation through your insurance policy will depend on your policy terms and the insurance company’s claim investigation. Remember, the insurance company is in the business of making money and will deny or attempt to limit your claim whenever they can.
Following an accident with an uninsured driver, you have a right to contest your insurance company’s offer and assessment through an arbitration process. Arbitration allows you to settle disputes with your insurance company through a neutral party.
Because uninsured driver claims are complicated, it is in your best interest to hire a California car accident attorney to handle your claim.
What To Do Following an Accident with an Uninsured Driver
If you or a loved one has been in an accident with an uninsured driver, here are some important steps that you should take:
- Call the police. It is always a good idea to call the police to the scene of an accident. A police report will ensure an accurate accident record. That record is especially important when the other party is uninsured.
- Exchange detailed information. It is very important to get all pertinent information from the other driver.
- Get information for any witnesses to the accident. Witnesses are very important in determining fault in an accident, especially in accidents where the facts are not definite. As such, you should get the contact information of anyone who witnessed the accident.
- Contact your insurance carrier. If you have uninsured motorist protection, it should cover your damages.
- Call an attorney. Even if your insurance policy protects you in the case of an accident with an uninsured driver, it is important to consult a California car accident attorney. It is a known fact that insurance companies are not on your side, including your own insurance company.
Call a Los Angeles Car Accident Attorney Today!
The legal team at the Law Offices of Samer Habbas is dedicated to helping accident victims, and their families get the compensation they deserve after an uninsured driver accident.
If you or a loved one has been injured in an accident caused by an uninsured driver, our experienced Los Angeles car accident attorneys can review your case. Call us at 1-888-848-5084 to schedule a free, complimentary consultation with our legal team today.
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