Will A Car Accident Attorney No Insurance Take My Case If I Am Uninsured But Wasn’t At Fault?
Collisions can happen for a number of reasons in California. If you suffer from injuries or losses in an accident but lack insurance, you may have some questions: Can I hire a car accident attorney no insurance for my case? Will I get compensation?
You may be worried about whether you can recover after a crash, especially when you are uninsured. The good news is that an uninsured car accident lawyer can still take your case, even if you lack insurance. Your chances for recovery are improved if you are proven not to be at fault for the accident.
This blog will let you know about your legal rights and how a lawyer for uninsured accidents helps you navigate the legal proceedings.
Let’s understand California State law’s Insurance requirements.
If you are not sure if California State has any insurance requirements, we will clarify you. As per the law, drivers in California must have insurance for all vehicles operated on the road or parked. Drivers should always have evidence of insurance in their vehicles. It should be submitted if:
- Law enforcement requests you to show
- To renew the vehicle registration
- If the vehicle is involved in a collision
What’s the minimum liability insurance requirement?
It is indicated as per California State law that the minimum liability insurance requirements for drivers are:
- $30,000 for bodily injury /death per person
- $60,000 for injury/death per accident
- $15,000 for property damage
This is the basic coverage requirement and is often regarded as 0/60/15 in insurance policies. The limits have been increased after January 1, 2025.
What happens if you are involved in an auto accident without insurance?
Driving without insurance is illegal as per the law in California. If you were caught in an accident without insurance not at fault, you could still have to face penalties, fines, suspension of licence or vehicle impoundment. Apart from all these legal implications, you may also become liable for damages caused by the accident.
So, if you are driving uninsured and are involved in a crash, here is what to know:
- Since California is a state that follows ‘No Pay, No Play, it limits uninsured drivers from obtaining compensation from at-fault drivers.
- The value of your case can be drastically impacted if you do not possess insurance at the time of the
- Although you are not at fault, you will still encounter legal issues because you were against the law.
Will a car accident attorney no insurance take my case if I am uninsured but wasn’t at fault?
The answer is – yes, it’s possible. However, there are certain legal complications and considerations. California’s law will impact or limit your compensation.
Here is an understanding of your situation:
If you are involved in a non-at-fault collision, the other driver’s insurance provider will compensate for your damages. But compensation and what can be recovered can vary based on the rules of the state. It’s important to be aware of the local state’s insurance requirements.
Before we look into fault insurance claims, let’s delve into the concept of at-fault states and no-fault states.
At-fault states:
The at-fault driver’s insurance company pays for the damages in at-fault states. This indicates that if you are hit by an insured driver, his insurance provider will pay for your injuries and property damage.
No-fault states:
It becomes more challenging when you are involved in an accident and you are uninsured in a no-fault state. The major aspect of this law is that it limits the rights of the driver to sue the other driver. This means that the uninsured driver can’t sue the at-fault driver if the injuries or damages meet a certain limit. Being uninsured also restricts the other ways to get compensation.
Know about California’s Fault system
California State doesn’t follow a no-fault system. As per its law, it is necessary to prove the liability to recover the losses due to the accident. The state indicates that the at-fault driver possesses the liability for the injury and damage to the other party. This can begin by filing a lawsuit against the at-fault driver by hiring a no fault accident attorney.
The state mandates that all drivers have auto insurance. In case of a collision, the insurance of the at-fault driver’s policy is the prominent part. However, remember, it is quite difficult to deal with an insurance provider, and it is stressful as well.
The informed decision is to hire an attorney and get legal assistance in proving the liability and obtaining maximum compensation for your losses.
How does an attorney deal with uninsured accident cases?
In most personal injury and car accident cases, attorneys work on a contingency fee basis. This gives the assurance that you have to pay only if they win the case or secure the settlement. This means your case becomes valuable, and it is good to deal with the case with a skilled attorney.
Let’s see the ways through which the attorney handles your case to get maximum compensation:
Assess the eligibility and loss
If you are in a crash without insurance and the accident is due to the negligence of the other driver, you can claim damages. The attorney will look into the damages, injuries and vehicle damage caused by the accident. He will evaluate the complete scope of all your damages and losses. This calculation covers medical bills, loss of wages, vehicle repair costs and pain and suffering.
Establishes liability
Hiring a car accident attorney no insurance means you are improving the chances for the best possible recovery. To secure this, the attorney will make it clear and prove the liability of the other driver and his fault.
Gathers relevant evidence
The significant part of proving the damage and liability is collecting and submitting relevant and strong evidence. The attorney will carry out a detailed investigation and gather evidence, including:
- Police reports
- Medical bills
- Witness statements
- Vehicle repair costs
He will effectively utilize gathered evidence to fortify your case, maximize your claim and ensure you recover from the losses.
Negotiating with the insurance provider of the at-fault driver
Insurance providers will often provide low initial offers that are less than your entitlement. The attorney will negotiate with the at-fault driver’s insurance company and help in securing a maximum settlement.
Files a lawsuit
The car accident lawyer will directly sue the at-fault driver. He will evaluate the financial viability of the at-fault driver and inform you about possible outcomes.
Secures your maximum compensation
If the accident involves any extreme negligence, like drunk driving, the at-fault driver will be punished with punitive damages. This can help in securing an increased final compensation.
Proposition 213: Know how it impacts the uninsured drivers in California
Proposition 213 – it is officially referred to as ‘The Personal Responsibility Act of 1996’. This California law, passed in 1996, restricts the rights of uninsured drivers to recover for their non-economic damages caused in a car accident, no matter who is at fault. So, if you have faced an accident and do not have insurance, you may wonder about not at fault car accident insurance claim. Proposition 213 can majorly affect your claim.
How does this law limit the damages?
This law aims at limiting non-economic damages claims. So, if your case falls into Prop 213, you will be stopped from recovering such kinds of damages. Not sure about your case? Fortunately, a car accident attorney can take your case, validate it and inform you.
What are economic and non-economic damages?
Economic Damages:
These damages are tangible and are regarded as financial losses that directly result from the accident.
- Medical bills (Past and future)
- Loss of wages or earnings
- Loss of future earning capability
- Out-of-pocket costs caused by an accident
- Vehicle repair or replacement costs
Non-economic damages:
These losses are typically considered the impacts of an accident.
- Pain and suffering
- Emotional distress
- Inconvenience
- Physical impairment or disfigurement
- Loss of enjoyment of life
- Loss of consortium (Effects on relationships)
Drivers who are uninsured during an accident become ineligible to recover for the above-mentioned non-economic damages, no matter whether the other driver was proven to be at fault.
Who can be affected by Proposition 213?
Prop 213 is typically applicable to three categories of persons involved in car accidents:
Uninsured drivers:
If you were without insurance and were caught in a collision, non-economic damages can not be recovered. This still applies even if the fault was with the other driver.
Individuals Convicted of DUI – This law also impacts drunk persons consumed drugs or alcohol and are found to be involved in a crash. No matter who is at fault, the person can’t recover non-economic damages.
Felons Fleeing Police – if you have been injured when you were operating a vehicle on a commission basis or fleeing from an offence, you are restricted from claiming non-economic damages.
Exceptions to Proposition 213
In certain scenarios, Proposition 213 will not be applicable, and individuals can recover non-economic damages.
- Passengers in Uninsured Vehicles – if you are just a passenger in the uninsured vehicle of the accident, this law doesn’t apply.
- The Other Driver Convicted of DUI – if the at-fault driver has consumed alcohol or a drug, an uninsured driver can claim non-economic damages.
- Driving uninsured vehicles – if the driver was driving a company vehicle, the vehicle’s owner is responsible for insurance; Prop 213 may not apply to you.
- Accidents on Private Property – This law applies to accidents that happen on private properties and highways, and public streets.
If the total accident occurs on private property, you are not barred from claiming non-economic damages.
I am not at fault, should I still seek a car accident attorney no insurance?
It is highly recommended that if you are uninsured and are met with an accident, even if you are not at fault, getting legal assistance from a skilled attorney helps you recover any losses resulting from the accident. The attorney can improve the chances of recovery and provide you with a hassle-free compensation process.
Even though you can’t recover for non-economic damages, an attorney will take your case and represent you to recover economic losses.