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.
- After an accident, your immediate attention should go to ensuring your safety, co-passengers and others on the spot.
- Seeking medical attention, even if you don’t notice visible injury is important as it will help in later stages to prove your losses.
- After the medical treatment, you must document the accident scene. This includes taking photos and collecting information from witnesses.
- Reporting the accident to the police is another important step to take. Though we understand the person will be confused about ‘my car was hit by someone without insurance, I am not sure what can be done after this’. Still, reporting to the police and gathering the police report is a key element if you are filing a claim.
- Consulting with an uninsured car accident attorney, discussing the things involved in the accident, preserving evidence, and getting legal guidance will support the compensation claim.
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:
- $15,000 of bodily injury liability coverage – for a person
- $30,000 of bodily injury liability coverage
- $5,000 of property damage liability coverage
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 accordingly.
How does the insurance company find the fault?
The insurance company will investigate the accident and go through all the pieces of evidence such as police reports, statements of witnesses, and other evidence at the scene and determine the person at fault. Traffic laws and regulations are also taken into consideration and depending on the evidence gathered, a person will be considered at fault for the accident.
What if I am at fault in the accident?
If someone hits me and I don’t have insurance what would be the further process if I am at fault in the accident? This is your case, right? If you are found at fault for the accident, then you have to pay for the injuries or damages resulting from the accident. These cover medical expenses, loss of wages and property damage.
Since you are an uninsured driver, you can contact an attorney to protect your rights.
What would happen if the other driver is also uninsured?
If the other driver is also found to be uninsured, then you should rely on your insurance for your losses. If you have uninsured or underinsured motorist coverage as a part of your auto insurance, then you can recover compensation. If the damages are severe and you don’t have sufficient coverage, then you can file a lawsuit with the other driver.
What happens if both parties caused the accident?
If the case seems to have shared responsibility for the collision, then California uses comparative negligence and reduces the recovery of the involved party determining their percentage of fault.
For example: if you are awarded $200,000 in the claim, and it is determined that you were 20% accountable for the accident that caused the injuries or losses, then your award is reduced by 20%.
What if someone hit my car and I don’t have insurance’ – Protect your rights with an attorney
After an uninsured accident, you should seek the support of an attorney to protect your rights and get compensation for your losses. Having no insurance restricts your recovery. Drivers with insurance in California are highly recommended to add uninsured/underinsured motorist coverage which will pay for the losses in case of an accident.