Hit by an Uninsured Driver in California? Here's What You Can Do
If you get hit by an uninsured driver in California, the first thing to do is ensure you’re safe. If you have a serious injury, go to the emergency room or see a physician. Contact the police so a police report is filed. Document the accident with photographs, information from witnesses, and the other driver’s information. Call your insurance company to ensure you have uninsured motorist coverage. Don’t navigate the aftermath of an accident alone. Connect with a trusted, experienced lawyer who will fight for your rights and get you the compensation you deserve.
What Happens If an Uninsured Driver Hits You in California?
When a California uninsured driver hits you, ask the other driver if they are insured. If they aren’t covered, you may have to pay your medical bills and car repairs. A car accident attorney can sue the driver and pursue compensation.
Steps to Take After a Car Accident With an Uninsured Driver
If you get into an accident with an uninsured driver, follow these steps:
- Stay calm
- Call law enforcement and request a police report
- Photograph the scene and damage
- Gather contact and witness information
- Get the other driver’s contact information
- Notify your insurer
- Review your uninsured motorist coverage
- Consult an attorney for legal advice and potential recovery options
Can You Sue an Uninsured Driver for Damages?
If the other driver caused the accident, you can sue them. Winning your case and receiving compensation depends on the driver’s finances. If they don’t have assets or income, it can be challenging to collect on a judgment. This is why it’s wise to consult with an uninsured driver lawyer as soon as possible, because they can help you assess if alternative options like wage garnishment or liens are something to consider, or if the best solution is to pursue a lawsuit.
How an Uninsured Driver Lawyer Can Help
An experienced personal injury attorney can help you file a claim under your own uninsured motorist coverage and negotiate with your insurer if you’ve experienced a car accident with an uninsured driver and are having trouble getting paid by their insurance provider. You might have to sue the driver for damages like medical costs, lost wages, property repairs, and pain and suffering, and an attorney can file this lawsuit for you, as well.
How To Collect Money From An Uninsured Driver?
When attorneys need to gather information about assets and finances from an at-fault driver, they use tools called interrogatories that may increase the chance of collecting a judgment for you. Interrogatories are questions the other driver has to answer under oath that reveal assets, employment details, or bank accounts that can be used to pay compensation if you win a judgment. If your lawyer finds useful information, they can help you win compensation and collect what the driver owes you.
FAQ
If a driver causes a car accident in California and doesn’t have insurance, they’re responsible for covering your medical bills and vehicle repairs. California law follows a fault-based system holding every driver responsible for safely operating their vehicle. If someone drives negligently or engages in unsafe behavior, they can be found at fault in a civil case.
If you only have liability insurance and an uninsured driver hits you, your policy won’t cover your losses. Liability coverage pays for harm you cause to others, but doesn’t pay for damages others cause you or your vehicle. If you don’t have uninsured motorist insurance coverage, you may have to pay out of pocket for repairs and medical bills unless you decide to sue the driver who’s at fault.
Insurance companies do go after uninsured drivers through a process called subrogation. If your insurer pays for your damages after your accident, that is caused by an uninsured driver, they will likely try to recover those costs from the at-fault driver. Your insurance company may decide to sue the at-fault driver to recover its loss, but its decision to sue is typically based on whether the driver has enough money to pay and the size of the claim.
While it’s possible to sue an uninsured driver, determining if it’s worth it depends on whether they have income or assets so they can pay. If they don’t have any money or assets, you may not be able to collect compensation. It’s smart to speak with a qualified uninsured motorist lawyer who can use financial due diligence to determine if filing a lawsuit is worth the effort. Contact us at Novik Law Group today, and we can schedule a free consultation to determine the best path forward for your uninsured driver accident.
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