After an accident, an injury victim faces an overwhelming array of challenges, including physical pain, emotional distress, and often resulting financial hardship. The additional distress of learning that the driver responsible for a collision is uninsured leaves many car accident victims in California bewildered and unsure where to turn. Fortunately, a motorist or pedestrian hit by an uninsured driver in a collision in California has legal options available to them.
What Are California’s Requirements for Auto Insurance Coverage?
California requires financial responsibility by drivers through insurance laws compelling coverage for all vehicles traveling or parked on California’s roadways. Additionally, drivers must have proof of their insurance coverage at all times while operating a vehicle. The law compels them to produce evidence of insurance coverage when requested to do so by a law enforcement officer and after a collision. In California, drivers must have at least the following minimum coverage:
- $15,000 for bodily injury liability per person
- $30,000 total for bodily injury for multiple people per accident
- $5,000 in property damage
The only exception to the mandatory coverage requirement exists for drivers who place $35,000 in a cash deposit or California business surety bond to the DMV to hold for them in the event they cause an accident and face liability for another driver or pedestrian’s damages.
California does not require drivers to carry uninsured motorist coverage, but insurance companies must offer this coverage to all policyholders. Refusing this optional additional coverage requires signing a waiver.
What Should I Do After a Car Accident Caused By an Uninsured Motorist?
After a car accident, you may be unable to do anything other than wait in place for help to arrive if your injuries are serious; however, if you can use your phone safely—or ask an uninjured person to take these steps for you—it helps benefit your physical and financial security. Take the following steps after an accident in California:
- First, call 911 to report the accident to request emergency services and apply reasonable first aid if necessary
- Then, use your cell phone camera to take photos of the accident scene, including the damaged vehicles and anything relevant to the cause of the accident, such as an obscured stop sign, broken traffic light, or roadway hazard
- Add the contact information of the other driver and any eyewitnesses to the accident
- Go directly to a hospital or urgent care center for emergency treatment, a complete medical examination, and a detailed medical report of your injuries
Always report the accident to your insurance company as soon as possible after a crash. This is especially crucial when the at-fault driver lacks insurance. Then, speak to a Van Nuys car accident attorney about protecting your rights and best interests.
What Are My Options for Compensation After a Collision Caused by an Uninsured Driver in California?
Despite California’s insurance requirements, an estimated 17% of drivers on the roads in California lack valid insurance coverage. After an accident with an uninsured or underinsured motorist, a skilled California car accident attorney can help accident victims with property damage and personal injury expenses recover compensation by exploring all available options including the following:
- Filing a claim against their uninsured motorist policy if they chose to add this beneficial coverage
- Obtaining compensation through their additional collision or comprehensive protection policy if they have this coverage in their policy
- Filing a claim against a third party if they contributed fault to the accident under California’s pure comparative negligence laws, such as the manufacturer of a defective auto part or a negligent road maintenance agency or roadway planning department
- Filing a compensation claim against the at-fault party’s umbrella insurance policy (extra liability insurance) if they have one
- Filing a personal injury lawsuit against the at-fault driver if they have financial resources (not typically an option with drivers who fail to purchase insurance or allow their coverage to lapse)
A skilled Van Nuys injury attorney carefully scrutinizes an accident victim’s options for recovering damages before choosing the best pathway forward for maximum compensation, including after an accident with an uninsured motorist in California.
