Shaaban & Biedgoly

Getting into an accident is stressful enough, but discovering that the at-fault driver does not have insurance can make the situation even more challenging. An uninsured motorist accident often leaves victims with significant financial burdens, including medical bills, vehicle repairs, and lost wages. In such cases, knowing your rights and options is essential for protecting your financial and legal interests.

Unfortunately, being involved in an accident with an uninsured motorist is more likely to happen than you would expect. This is why having ample uninsured motorist coverage is so important. It’s arguably the most important coverage to obtain.

This article provides a comprehensive guide on what happens when you are involved in an accident with an uninsured driver, the role of uninsured motorist coverage, and why consulting a Sacramento accident lawyer is critical to achieving a favorable outcome.

What Is an Uninsured Motorist?

An uninsured motorist is someone who operates a vehicle without the legally required liability insurance. In California, drivers must carry minimum insurance coverage, including:

• $15,000 for injury or death to one person
• $30,000 for injury or death to more than one person
• $5,000 for property damage

Despite these legal requirements, many drivers either fail to purchase insurance or let their policies lapse. According to the Insurance Research Council, approximately 1 in 8 drivers nationwide is uninsured, creating a significant risk for other motorists.

In addition to uninsured drivers, there are underinsured motorists—drivers whose insurance limits are insufficient to cover the full extent of damages they cause. For example, if the at-fault driver’s policy only covers $15,000 in medical expenses, but your injuries amount to $50,000, they are considered underinsured.

Steps to Take After an Accident with an Uninsured Motorist

If you’re involved in an accident with an uninsured driver, the actions you take immediately afterward can significantly impact your ability to recover compensation. Follow these steps to protect your interests:

1. Call the Police

Always contact law enforcement after an accident, especially if the other driver is uninsured. A police report serves as an official record of the incident, documenting details such as fault, damages, and the uninsured status of the other driver. This report is crucial evidence when filing an insurance claim or pursuing legal action.

2. Collect Evidence

Gather as much evidence as possible at the accident scene. Use your phone to take photos or videos of:

• Vehicle damage
• License plates
• The surrounding area, including traffic signs and skid marks
• Visible injuries

If there are witnesses, ask for their names and contact information. Witness statements can strengthen your case, especially if there is a dispute over fault.

3. Notify Your Insurance Company

Inform your insurance company about the accident as soon as possible. Provide details from the police report and any evidence you’ve gathered. Your uninsured motorist coverage, if you have it, may be activated to help cover your losses.

4. Seek Medical Attention

Even if your injuries seem minor, it’s essential to see a doctor. Some injuries, such as whiplash or internal bleeding, may not show symptoms immediately. Medical records not only protect your health but also serve as evidence to support your claim for damages.

5. Consult a Sacramento Accident Lawyer

Uninsured motorist claims can be complicated. An experienced Sacramento accident lawyer can guide you through the legal process, negotiate with insurance companies, and ensure you receive fair compensation.

Understanding Uninsured Motorist Coverage

Uninsured motorist coverage (UM) is an optional addition to your auto insurance policy that protects you if you’re hit by an uninsured driver. While this coverage is not mandatory in California, insurance providers must offer it to policyholders. Drivers who wish to decline this coverage must do so in writing.

What Does UM Cover?

Uninsured motorist coverage helps pay for:

• Medical expenses
• Lost wages
• Pain and suffering
• Funeral costs in the event of a fatal accident

There is also underinsured motorist coverage (UIM), which applies when the at-fault driver’s insurance is insufficient to cover your damages. Together, UM and UIM coverage provide vital protection in cases where the other driver cannot fully compensate you for your losses.

Challenges of Hit-and-Run Accidents

Accidents involving uninsured drivers often overlap with hit-and-run incidents. A hit-and-run occurs when a driver flees the scene without providing their contact or insurance information. This complicates matters because you cannot directly pursue compensation from the at-fault driver.

In California, leaving the scene of an accident is a criminal offense. However, identifying and holding the fleeing driver accountable can be difficult. If you’re the victim of a hit-and-run, uninsured motorist coverage may provide financial relief. Your insurance policy will treat the unidentified driver as an uninsured motorist, allowing you to recover compensation for your damages.

Steps to Take After a Hit-and-Run Accident

• Document the Scene: Take photos of the damage and any identifying details, such as the make, model, or color of the fleeing vehicle.
• Seek Witness Testimony: Witnesses may provide valuable information about the driver who fled.
• File a Police Report: Law enforcement can investigate the incident and may help identify the at-fault driver.

Filing a Claim Through Your Insurance

When dealing with an uninsured motorist, your primary option for recovering compensation is filing a claim under your own uninsured motorist policy. Here’s how the process typically works:

1. Notify Your Insurer: Inform your insurance company about the accident and provide supporting evidence, such as the police report, photos, and medical records.
2. Submit a Demand Letter: This outlines the compensation you’re seeking for medical bills, property damage, and other losses.
3. Negotiate with Your Insurer: Insurance companies often try to minimize payouts. Having a Sacramento accident lawyer on your side can help ensure you receive a fair settlement.
4. Arbitration or Litigation: If negotiations fail, your lawyer can represent you in arbitration or court to secure the compensation you deserve.

When to Sue the Uninsured Driver

In some cases, you may choose to file a lawsuit against the uninsured driver directly. While this option can lead to a court-ordered judgment in your favor, it has limitations:

• Financial Recovery May Be Limited: Many uninsured drivers lack the assets to pay for damages, even if you win your case.
• Legal Costs: Lawsuits can be expensive and time-consuming, with no guarantee of a full recovery.

Consulting a Sacramento accident lawyer can help you assess whether pursuing a lawsuit is the best course of action based on your circumstances.

Why You Need a Sacramento Accident Lawyer

Uninsured motorist claims are complex and often involve disputes with insurance companies. A skilled Sacramento accident lawyer can provide invaluable assistance by:

• Explaining Your Legal Rights: Your attorney will ensure you understand your rights and options, including whether to file a UM claim or take legal action.
• Maximizing Compensation: Lawyers are experienced negotiators who can secure compensation that fully addresses your medical bills, lost wages, and pain and suffering.
• Navigating Legal Processes: From filing claims to representing you in court, your lawyer will handle all legal aspects of your case, allowing you to focus on recovery.

Preventative Measures: How to Protect Yourself

While you can’t control whether other drivers follow the law, you can take steps to minimize your risk and protect yourself financially:

1. Purchase Uninsured Motorist Coverage: Ensure your auto insurance policy includes UM and UIM coverage.
2. Consider Additional Coverage: Options like collision coverage or medical payments (MedPay) can provide extra protection.
3. Practice Defensive Driving: Stay alert, follow traffic laws, and avoid distractions to reduce your chances of being involved in an accident.

Frequently Asked Questions

What if the Uninsured Motorist Was Driving a Borrowed Vehicle?

In some cases, the vehicle’s owner may be held responsible if they knowingly allowed an uninsured driver to operate their car. A Sacramento accident lawyer can investigate the situation and determine whether additional parties can be held liable.

Can I Recover Compensation if I Was Partially at Fault?

California follows a comparative negligence rule, meaning you can still recover compensation even if you were partially at fault. However, your total compensation will be reduced by your percentage of fault.

How Long Do I Have to File a Claim?

In California, the statute of limitations for personal injury claims is typically two years from the date of the accident. For uninsured motorist claims, the timeline may vary based on your insurance policy, so it’s important to act quickly.

Conclusion

Being involved in an accident with an uninsured motorist or a hit-and-run driver can be overwhelming. However, understanding your rights and taking the proper steps can help you secure the compensation you need to recover. Uninsured motorist coverage is a critical safety net, and working with a Sacramento accident lawyer can ensure your case is handled effectively.

Don’t let an uninsured driver’s negligence leave you shouldering the financial burden of an accident. Contact Shaaban & Biedgoly, your trusted Sacramento accident lawyer, today for a free consultation and take the first step toward securing the compensation you deserve.