Uninsured Car Accident Lawyer

If I Am Not At Fault In An Accident

What To Do If I Am Not At Fault In An Accident; Now What? When you are involved in an accident, the immediate thoughts go to who is at fault? Car accidents are inconvenient and stressful. At its worst, they can lead to damages or losses. The fault is considered a major reason behind every accident. What is next in the scenario: if I am not at fault in an accident? So, the fault is not on your side. How to proceed? In the best-case scenario, if you find no fault on your side, it is good to hire an uninsured car accident attorney.  Let us explore the possibilities for accident not my fault claim in this blog. Steps to prove that you are not at fault and make your side strong: You are involved in an accident. Irrespective of the fault, there are certain steps to be taken care of after an accident. If you get into an accident, understand that handling the situation and legal rights and claims can differ based on the state where the accident has happened. Depending on the State law in California, the legal proceedings may affect handling the insurance claim for no fault collision claim. Let us see some essential steps that will make your stand stronger: 1. Call the police to report the accident The initial, as well as an important step after facing an accident, is to call law enforcement. You have to call the police from the accident scene. After the police have arrived, they will look into the situation, enquire and write a report. Getting a copy of this report is essential to strengthen your claim. 2. Gather evidence Documenting is very crucial after an accident. Especially, in cases where you if your not at fault in an accident. Immediately after the accident, you should collect evidence. 3.  Get medical assistance Among the other things to do after an accident, seeking medical attention holds importance. Even minor accidents require medical care. With medical documents and reports on your side, you can prove that the accident is not your fault. Moreover, it helps in getting the right claim for the losses. 4. Inform your insurance company You can inform your insurance provider about the accident. This will help in making an initial report of the accident and claim. 5. Seek legal support To prove that you are involved in a not a fault car accident, you need legal assistance. A skilled uninsured accident attorney will help in collecting the crucial pieces of evidence to prove your part and claim the fault of the other side. If the other side denies your claim or tries to make the fault on your side, a lawyer can represent your rights and help in getting the compensation that you owe. Is California a No-Fault State? So, what is a No-Fault State? Typically, auto insurances aim to compensate for the losses and damage encountered in an accident. However, the way the claims and faults are handled differs from state to state in California. Let us understand the term – No-fault: This term is mostly used when it involves discussion about accidents. No fault states are where the insurance company of every driver is accountable for the damage and losses of their own policyholder, irrespective of what fault lies on which side. Coming to the question – Is California a No-Fault State? Even if you are in a no fault collision, still it is good to know about California law. California is not a No-Fault State and it follows an at-fault insurance system. This means that the driver who caused the accident is liable for the medical expenses, losses, vehicle damage and other expenses involved in the accident. Being an at-fault state, in California, every insurance company is responsible for paying for the damages based on the level of fault of the parties involved. As in your case: if I am not at fault in an accident, the other motorist who has caused the accident has to pay for the losses. His/her insurance provider should pay for the injured victim. However, if the other driver denies or disagrees to give compensation, the victim can file a lawsuit or seek an accident lawyer and claim the rights. How Fault Is Determined in Car Accidents in California? In the aftermath of a car accident, the crucial part lies in determining who has caused the accident. Navigating the consequences after an auto accident such as finding the fault side, dealing with claims and more involves certain legal difficulties. Establishing Liability and Fault in car accidents in California As said earlier, California is an at-fault state. So, the driver responsible for the accident is accountable for paying for the claim. As your case is a no fault car accident, you have the right to recover your compensation and claim compensation for medical expenses, damage to vehicle or property and lost income. Who is liable for the accident? How is it determined? Understanding fault in an auto accident becomes very essential as it helps in determining liability and solves legal and insurance complications. Typically, an at-fault person is the one who is responsible for the car accident. This is determined by evaluating factors such as violation of traffic laws, negligence of the driver and more. Role of insurance providers in finding the fault Insurance companies have a huge role in finding who has caused the accident. In general, they will review the accident reports, look at the physical evidence and hear from statements of the driver to find out the liability of the case. They will oversee the investigation and police reports and determine which driver was at fault. Typical procedures include: Police reports: After the police have arrived at the accident scene, they will enquire the involved parties and witnesses to draft a police report. A typical police report will contain the circumstances of the accident, who has violated the law and even it will assign the fault of

If I Am Not At Fault In An Accident Read More »

Someone hit me and they don’t have insurance

As per California law, every driver should carry his own insurance. In a scenario where you have an experience of ‘someone hit me and they don’t have insurance’, you still can recover damages. As per AAA reports, there are over 700,000 hit-and-run accidents that happen in a year in the United States. Many cases involve uninsured drivers. As in your case, the accident has been caused by a person who doesn’t have insurance. So, you probably will have a lot of questions regarding what to do, how to recover compensation and more. Hiring a skilled uninsured car accident lawyer is a wise step you can take. Let us explore the other aspects of this blog. What should I do if I got hit by a car without insurance? If someone has hit your car and they don’t have insurance, it should be treated like an accident. No matter, if the person has insurance or not, there are certain steps to be followed: Move to a safer place and make sure you are protected from the scene. Even if you think you do not have injuries, still seeking medical attention is required. Since some injuries may not show immediately, you should visit a physician. Moreover, medical attention is required to recover compensation. If it is even a minor accident, it should be informed to the police. This is because; insurance companies require filing a police report for the accident. Moreover, in order to prove that the other driver doesn’t have insurance, the victim should also file an SR-1 form and an SR-19 form. The victim and the other party should exchange information such as contact details and insurance information. After calling the police and meanwhile, they reach the spot, you can gather information like: Use your phone and take photos of the vehicles involved in the accident. Try to take images from multiple angles to have a clear understanding of damage. Having pictures stands as proof of the accident and damage if they have occurred. We understand your scenario: ‘Someone hit me and they don’t have insurance’, and you will be confused about further steps to take. However, you shouldn’t fail to notify your insurance company about the crash. Based on your policy, you may have coverage for uninsured motorists that assures extra protection in cases of getting hit by uninsured driver.  Accidents that involve uninsured drivers are complicated. This necessitates consulting a Lawyer for an uninsured car accident to claim against the driver without insurance. He/she can guide the victim about the steps and rights. Can File a Lawsuit on an Uninsured Driver? Typically, the at-fault driver without insurance has to face penalties and legal actions taken by the California State of Law. However, such penalties will not be offered to the victim and do not meet the compensation for your injuries. You have legal rights to file a lawsuit against the uninsured driver directly. Yet, you should note as the driver doesn’t have insurance, he can’t financially meet your claim. Often, this is not considered the best choice for your case. What happens if an uninsured driver hits you? If the uninsured driver is at fault, you can claim compensation for your losses and damage. Still, as said above, it is not advisable to file a lawsuit against the uninsured driver. So, what to do next? How will you receive compensation in this case? In case your insurance policy has uninsured/underinsured motorist coverage, you can receive compensation. Certain states in California require motorists to have personal injury protection (PIP). This policy extends its coverage to pay for loss of wages and medical expenses after a car accident, no matter who has caused the accident. The uninsured/underinsured motorist coverage helps victims with financial support in scenarios where the other driver doesn’t have insurance. Based on the state where you live, you probably have to carry both UM/UIM and PIP. As long as you have these insurances, you can claim compensation through your insurance. Uninsured Motorist Claim In California, if the at-fault driver doesn’t carry insurance, then you can file the claim with your insurance company. However, make sure that you have proper coverage in the policy. An uninsured motorist claim allows claiming bodily injury compensation. This compensation will compensate for the loss of wages, vehicle damage and medical expenses caused due to the accident. Replacing or repair costs related to vehicle and property, if it is damaged in the accident, can also be covered if you have collision coverage and uninsured motorist property damage. Let us look deep into the types of coverage: Bodily injury liability (BIL): Under this liability coverage, if you are at fault in an accident, expenses related to the injuries of the other person can be covered. This covers medical expenses, rehabilitation expenses, and costs related to lost wages and pain & suffering. Property damage liability: If a property has been damaged in the accident, then this coverage meets that. Though it generally refers to the vehicle, it still extends the coverage to personal property, structures or any other physical assets. Uninsured Motorist Coverage This is the coverage specially designed for scenarios where the victim is hit by someone without insurance. This is also applicable for cases where the at-fault couldn’t be identified and is a hit-and-run accident. Uninsured motorist bodily injury (UMBI): If you have been hit by someone and they don’t have insurance, you can claim for: Uninsured motorist property damage (UMPD): Vehicle damages caused by an uninsured driver can be covered by this. Note: All states do not offer this collision coverage. You have to check with your particular state law. If you are at fault for the accident, then Uninsured motorist coverage won’t work. It can cover only up to the limits of the policy and if the cost exceeds, then you should take the additional costs. The No-Fault Policy Specific states of California follow a “no-fault” insurance system. Under this, even if you are hit by a car without insurance, your

Someone hit me and they don’t have insurance Read More »

I Don't Have Insurance And I Hit A Car

I Dont Have Insurance And I Hit A Car

What To Do Next: I Dont Have Insurance And I Hit A Car? The state of California has a legal requirement that all drivers should have valid car insurance to drive a motor vehicle. Car accidents happen every often in California and most drivers involved in the accident get recovery of financial assistance from the auto insurance provider or the insurance company of the other driver. However, if you are in the situation: I dont have insurance and I hit a car, what would be next? If you were involved in an accident without insurance, the situation becomes complicated. Even if you have a skilled uninsured car accident lawyer along your side, you still have to face legal and financial consequences. Compensation for scenario: I don’t have insurance and I hit a car The recovery possibilities depend on the liability of the accident. If you are partially accountable for the car accident, you become liable for compensating the losses of the other driver involved in the accident. The situation may become quite difficult if you don’t have insurance. Being a comparative negligence state and using a fault-based system for car accident claims, California states that the person responsible for the accident is liable for the losses resulting from the accident. Your level of fault involved in the accident will determine the percentage of liability. If you are at fault and you don’t have insurance, then you will become personally liable for the injuries or damages caused to the other driver. At-fault accidents with no insurance So, what’s the next action to proceed if ‘I hit a car and I don’t have insurance’ scenario? For situations where you have hit a car and possess insurance, your policy will cover the losses. However, as in your case, you don’t have insurance and caused an accident, you will be responsible for paying: Medical expenses – If anyone on the other side is injured and you areat fault, you have to pay medical expenses. Repair and replacement costs – If any damages resulted due to the accident, related to the vehicle or property, then you are liable for the expenses. License suspension – Most states of California will suspend your licence for the crime of driving without insurance. Legal fees – If you are not able to pay or if your uninsured motorist coverage lacks sufficient coverage, then the other driver can sue you for compensation. Not-at-fault accidents without insurance Are you wondering what ‘if you get into a car accident without insurance’? In a scenario where you get involved in an accident, but you are not at fault, it is still problematic. Even if not at fault, being without insurance puts the person in a unique legal circumstance. You probably can claim compensation for the damages caused in the accident by the at-fault driver. However, as you are without auto insurance, you will be paying legal penalties and actions. Can I still receive compensation when I was in a car accident without insurance? Yes, even though you are uninsured, you still can pursue compensation from the other at-fault driver for the damages and injuries. You can file a third-party claim with the insurance company of the at-fault driver. We recommend hiring an uninsured accident attorney to navigate this process. What happens if the other driver is also uninsured? There are possibilities the other driver can be uninsured or underinsured. An underinsured means that the driver has insurance, but it lacks sufficient coverage limits to cover the overall damages of the accident. If you have underinsured or uninsured coverage as a part of your auto insurance, you can file a claim through your insurance company, if you have found that you are not at fault and the other driver involved in the accident is uninsured or underinsured. Penalties for Driving Without Insurance Driving without insurance is an offence in California. If you are caught without insurance, you will face major consequences. As per California law, every driver is required to have a minimum of $15,000 in bodily injury liability per person and $30,000 for all parties covered in the accident. In addition, the state also requires at least $5,000 in property damage insurance. Even if you are not the cause of the accident, you still have to face the consequences. Based on the state, you may have to pay a fine, or face licence suspension or any other penalties. You will have to pay: Your driving licence can be suspended by DMV, the Department of Motor Vehicles. What are the consequences of the situation if I don’t have insurance and I hit a car? Importance of car insurance in California The major goal of auto insurance lies in financial responsibility. Car accidents in California can result in significant injuries, losses and property damage.  Having insurance helps in alleviating the damages incurred in the accident. Mandatory auto insurance California laws ensure that the drivers recover the damages they suffer from and thus protect themselves and the other drivers on the road. The consequences of being uninsured, and driving without insurance in California are severe and they include the: Legal penalties: Civil Liabilities  Increased Insurance Rates Even if you get the insurance after driving without insurance, your insurance rates will probably be higher as you have violated the rules. You may also have to file an SR-22 form that demonstrates your financial responsibility to the DMV. This would add to your insurance rates. Optional coverage that helps drivers in California I have no insurance and I hit a car – Is that the scenario you are in? Not having cues on what to do when the other driver is also uninsured? Uninsured motorist property damage (UMPD) can help you. If you have found the fault is with the other driver, but he is uninsured or underinsured, still you can recover compensation. Here is how: File a Claim You can file a claim under UM/UIM coverage that includes all the essentials of the accident and other driver

I Dont Have Insurance And I Hit A Car Read More »

What Happens If Someone Hit My Car And I Don’t Have Insurance?

Driving without auto insurance and encountering an accident in California lead to legal and financial complexities. All drivers in California must have auto insurance for the car they drive on the road. However, some persons due to negligence or with a tightened budget may drive without insurance. Did your car get hit in an accident? Looking for a relevant answer for the scenario ‘someone hit my car and I don’t have insurance’? You are in the right place. Learn more about driving without insurance and how legal guidance from an California uninsured car accident lawyer helps you recover from complicated situations. Someone hit my car and I don’t have insurance – What to do next? If you got into an accident and you don’t have insurance, you may be looking for what can be done about it. It is essential for every car owner to carry proof of liability insurance while driving. Getting caught in an accident without insurance can result in penalties or legal action. Depending on the state, you may be charged from $100 to $1,000 or even your driving privileges can be suspended. If you don’t possess liable insurance and someone has hit your car and you have faced losses or injury, the compensation you will recover will be limited. Moreover, drivers without auto insurance can’t recover for non-economic damages. Car Accident Liability Law in California As per California Vehicle Code Section 17150, the owner of a motor vehicle is liable for injury, property damage or death caused by the negligent driving of the vehicle. Car accident law can vary based on the state of California. Certain states adopt an at-fault system, while some other states demand drivers to pay for the damage to their own car, irrespective of which side the fault is. California is an at-fault state. This means it adheres to at-fault negligence laws. This indicates if a car accident happens, a car accident victim should demonstrate the fault of the other person to make a claim. The fault-based system for car accidents in California allows injured parties to get compensation from the insurance company of the at-fault driver or the victim can also seek compensation through a personal injury claim. The Compulsory Financial Responsibility Law (§§16000-16078 VC) of California indicates that the owners and drivers of the vehicle are financially accountable for damages or injuries resulting in an accident, regardless of the fault. Someone hit my car but I have no insurance – Steps to take in case if you do not have insurance The foremost step that you have to take after an accident depends on who is at fault. If you are not at fault for the accident and don’t have auto insurance, you will receive a ticket for driving the car with no insurance or without sufficient coverage. The fine can be up to $500, based on whether you have caught up in a similar scenario. You probably can be prone to license suspension for up to 4 years and have to file an SR-22 certificate.  California is a pay-for-play state. This represents that your compensation is limited and in most cases, you will be able to get reimbursements like medical bills and can’t recover for non-economic damages such as pain and suffering. Let us understand what can lead to driving without insurance in California: A person is said to be legal amount of coverage only if he has: In general, a policy lists these limits as “15/30/5.”  Even if you weren’t the at-fault driver, driving with no insurance in California limits your recourse after you face an accident. The liability policy of the other driver can pay for your medical bills and repairs up to the policy limits. What if you get into an accident and you don’t have insurance? A car accident in California will consider the at-fault driver for the damages even if the person does not have insurance. At this time you will doubt as your case is different and you will raise a question ‘Someone hit me and I don’t have insurance, now what happens? As said, an at-fault driver is responsible for the damages. If the insurance of that driver doesn’t meet coverage, you can file a lawsuit. But, if the other driver is uninsured or underinsured, then you should consult with an uninsured accident attorney. How to get insurance information for other drivers in California? In your case, you have been hit by someone and you don’t have insurance. If the other driver has caused the accident and refuses to give auto insurance information, the situation becomes hectic. However, refusing to give the insurance information doesn’t mean that you can’t be reimbursed for your vehicle repairs and medical expenses. As stated earlier, secure the accident scene and try to collect other information about the driver. Report the scene to the police and file a claim. You can consult with an attorney, identify the driver and secure the insurance information. The insurance companies will determine the liability and get you a fair settlement. How is fault determined in an accident in California? As said, a fault-based system is prevalent in California. This states that the person at fault for causing the accident is accountable for compensating for the damages. The system aims to support the person who has suffered due to the accident to recover compensation. Coming to the question, how does a fault-based system determine the liability of the accident? Insurance companies and law enforcement officials have a crucial role here. Typically this system isn’t about who has hit whom. But determining the negligence side and finding relevant evidence that prove the fact. They don’t just go with your statement of ‘I have no car insurance and someone hit me’. Rather the process steps into the scene after the accident. A comparative fault system is adopted by California law to know the degree of fault of each driver. This system determines the fault level of each driver and the damages are dealt with

What Happens If Someone Hit My Car And I Don’t Have Insurance? Read More »