Shaaban & Biedgoly
Being involved in a car accident with an uninsured driver can be particularly stressful. In California, the law requires all drivers to carry a minimum amount of liability insurance, but unfortunately, not everyone complies. When you’re hit by an uninsured motorist, the situation becomes more complicated, especially if you’re facing significant medical expenses, vehicle repairs, or lost wages.
Uninsured Motorist Coverage: Your Best Protection
The best protection in case you’re hit by an uninsured driver is to have uninsured motorist (UM) coverage as part of your own auto insurance policy. California law requires insurance companies to offer uninsured and underinsured motorist coverage, though it is not mandatory for drivers to carry it. If you have this coverage, it steps in to cover your medical expenses, lost wages, and other damages up to your policy limit when the at-fault driver doesn’t have insurance.
- What is Uninsured Motorist Coverage (UM)? UM insurance compensates you when the at-fault driver has no insurance. This coverage typically includes:
- Bodily Injury: Pays for your medical expenses, lost wages, and pain and suffering.
- Property Damage (UMPD): Covers repairs to your vehicle, although UMPD is optional and might not be included in every uninsured motorist policy.
- What if You Don’t Have UM Coverage? If you do not have UM coverage, recovering compensation can be much more challenging. You may need to file a lawsuit against the uninsured driver, though collecting damages can be difficult if they lack the resources to pay.
Filing a Personal Injury Claim
Even if the driver who hit you is uninsured, you still have the right to pursue a personal injury claim under California’s legal framework. The state follows a comparative negligence model, meaning that even if you are partially at fault for the accident, you may still be able to recover a percentage of your damages. The courts will assess the level of fault for each party, and your compensation will be reduced proportionally by the percentage of fault attributed to you. This rule applies even in uninsured driver cases.
- Example: If the total cost of your damages is $100,000 and the court finds that you are 20% at fault, you can still recover $80,000 from the other party’s available resources, including their assets if they have any.
Steps to Take After Being Hit by an Uninsured Driver
- Contact the Authorities: Immediately after the accident, report it to the police. Their report can provide crucial evidence for your insurance claim or legal case.
- Document the Scene: Take pictures of the accident scene, your injuries, and the damages to your vehicle. Also, gather witness statements if possible.
- Seek Medical Attention: Even if you feel fine, some injuries don’t manifest immediately. Medical records also serve as critical evidence in a personal injury case.
- Contact Your Insurance Company: If you have uninsured motorist coverage, notify your insurance company as soon as possible. Be careful not to admit any fault when discussing the accident with them.
- Consult a Personal Injury Attorney: Given the complexities of uninsured motorist cases, consulting with a personal injury attorney can help you understand your options and ensure that you pursue every possible avenue for compensation.
Legal Recourse Against the Uninsured Driver
In cases where the uninsured driver lacks the means to compensate you, you can still file a lawsuit against them. However, many uninsured drivers may not have sufficient assets to cover a judgment against them, making it difficult to recover damages through litigation. This is where uninsured motorist coverage proves its value, as it provides an alternative source of compensation.
- What if the Uninsured Driver Declares Bankruptcy? If the uninsured driver declares bankruptcy, it could further complicate your ability to recover damages. In some instances, personal injury judgments may not be dischargeable in bankruptcy, but it largely depends on the specifics of the case.
What If You’re Hit by an Underinsured Driver?
In some cases, the driver who hits you may have insurance, but their policy limits may not be high enough to cover the full extent of your damages. This is where underinsured motorist coverage (UIM) comes in. If the at-fault driver’s insurance cannot fully cover your losses, your UIM coverage can make up the difference, up to your policy limits.
Additional Considerations
- Statute of Limitations: In California, you generally have two years from the date of the accident to file a personal injury lawsuit. Failing to file within this period may result in losing your right to recover damages.
- Joint and Several Liability: California law allows joint and several liability for economic damages, meaning you may recover the full amount from any liable party. However, non-economic damages, such as pain and suffering, are divided according to each party’s percentage of fault.
- Hit-and-Run Accidents: If the uninsured driver flees the scene, your uninsured motorist coverage may still apply. Additionally, if you can identify the driver later, you can pursue legal action against them.
Conclusion
If you’re hit by an uninsured driver in California, navigating the legal and insurance systems can be challenging. The key to securing maximum compensation often lies in understanding the nuances of the law, working closely with your insurance company, and pursuing all available legal avenues.
At a time when you’re likely dealing with medical bills, vehicle repairs, and lost income, an experienced personal injury lawyer can handle the complexities of your case, ensuring that you are not left footing the bill for someone else’s negligence.
In sum, if you’re hit by an uninsured motorist, it’s crucial to act swiftly, make informed decisions, and seek legal guidance to protect your rights. Contact Shaaban & Biedgoly today to get your free case evaluation.