What If the Driver Who Hit You Was Uninsured? Your Options
When you’re involved in a crash caused by someone else’s negligence, it’s normal to be anxious. However, that normally subsides once you remember you can make a claim against the other party’s insurance. But what happens if they don’t have insurance? That makes your situation much more complicated. Learn more about what happens after a car accident with an uninsured driver and how a car accident lawyer in California can help you.
At DeWitt Algorri & Algorri, LLP, we know that a serious car accident can cause significant losses for victims. They’re often left navigating medical debt, a totaled or damaged vehicle, and painful injuries. Our team of trial-tested car accident lawyers, led by attorneys Mark S. Algorri and Ernest P. Algorri, will fight aggressively for the fair and full compensation you deserve after a crash. Call us at 855-WINNING (946-6464) to discuss your options now.
California Insurance Requirements
Each state has its own minimum insurance requirements. In an ideal world, all California drivers would meet the state’s minimum requirements, ensuring that injured vehicle occupants would have at least some recourse after a collision. California requires that drivers carry at least $30,000 for injury or death to one person, $60,000 total for injury and death per crash, and $15,000 for property damage. While this coverage does meet the state’s legal requirements, it is often not enough to cover losses caused in a severe crash.
Challenges You May Face After a Crash
Getting fair compensation after a collision with a fully insured driver is hard enough. When the other driver is underinsured or uninsured, you have significant hurdles to clear before you have any chance at compensation. Working with a car accident law firm may help you explore your options a little more easily.
When you find out that the other driver has no insurance, the challenges start immediately. You have no liability insurance to file against. On top of that, most victims have limited ability to recover directly from the driver. This causes an enormous amount of emotional and financial stress for victims, who are likely already struggling with the aftermath of an accident and their own physical injuries.
You may have options—but it’s important to begin exploring them early with the help of a car accident attorney
Uninsured Motorist Claims
Your first option is filing an uninsured motorist claim. California insurance providers offer uninsured/underinsured car insurance coverage, which provides assistance if you are hit by an uninsured driver or a driver whose insurance does not cover the full expenses of your crash.
Uninsured motorist coverage pays for injuries to you or anyone in your car after a collision with an at-fault uninsured driver. Uninsured property damage coverage pays for damage to your vehicle caused by an uninsured driver. Uninsured bodily injury coverage can be the same as or lower than your liability coverage limits. Uninsured property damage coverage is limited to $3,500.
Directly Suing the Other Driver
If the other party has no insurance to pay for the damage they cause in a collision, you can technically still sue them in court to recover your damages. However, this is rarely a viable option for victims. First, getting a judgment against someone is different than actually getting paid by them—so even if you win in court, that doesn’t necessarily mean a payout. Consider that most people who don’t have car insurance don’t have coverage because they can’t afford it. Someone who can’t afford a few hundred dollars per month for car insurance is unlikely to have tens of thousands of dollars to pay out a judgment against them.
Second, because most personal injury lawyers work on contingency, you’ll likely have a hard time finding a car accident law firm willing to accept a case where the at-fault party has no money to pay out a judgment. This is really only a viable option if the person has substantial assets or a high-paying job.
Third-Party Liability
Finally, you may want to look into whether or not there are other parties who are partially or fully liable for the crash. The municipality that maintains the street, the manufacturer of the vehicle, or the employer of the at-fault party if they were on the clock are all potential options.
Contact DeWitt Algorri & Algorri, LLP Today
If you’ve been involved in a crash with an uninsured driver, it’s time to talk to a Southern California car accident attorney about your next steps. Let’s talk about your options. Call DeWitt Algorri & Algorri, LLP at 855-WINNING (946-6464) or contact us online to set up a consultation.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
