How To Legally Face If Someone Hits You And You Don’t Have Insurance?
As California State law implies, every motorist is required to maintain his/her liability insurance coverage. This kind of liability insurance offers motorists financial protection if they face accidents. This insurance pays for the expenses for the other party if you have caused the accident. However, what will happen if someone hits you and you don’t have insurance? Will the other party’s coverage pay you if you are not responsible for the accident?
Typically, car accidents are traumatic and stressful, even when the involved parties have insurance. The situation becomes worse if you do not have insurance. Getting guidance from an best uninsured car accident lawyer is advisable to tackle the situation.
This guide will help you if you have been faced with an accident and are not sure of what to do if you are uninsured.
Will You Be Sued for Driving Without Insurance?
No matter if you are a skilled driver, driving without insurance can lead to serious consequences. As per California law, you should have insurance or other forms of financial responsibility while you get on the road.
Driving without insurance is an offense in California and in many states across the USA. The penalties for this can vary based on the state.
California Law
As indicated in the Vehicle Code Section 16028 of California, drivers are responsible for showing their financial responsibility when they are on the road.
The minimum requirements for insurance for drivers in California are as follows:
- $15,000 for injury/death to one person
- $30,000 for injury or it should equal death to more than a person
- $5,000 for property damage
The above are regarded as the 15/30/5 liability limits. These are the minimal requirements of insurance for drivers. However, other additional coverage choices, such as uninsured or underinsured, ensure better protection during an accident.
Understand the implications of being an uninsured
As indicated above, California law mandates all drivers to carry minimum insurance requirements. In your case of a car accident not my fault no insurance, if you are caught driving without insurance, you will have to face legal consequences.
Consequences of driving without Insurance in California (VC 16029)
Legal Penalties:
If you have been caught for the first time for driving without insurance, then you have to pay a minimum penalty of $100 – $200, and it also includes additional state assessments and fees.
If it is a subsequent issue and you are found driving without insurance for further cases, then the fine may range from $200 to a maximum of $500. Any penalty assessment fees are also applicable.
Vehicle Impoundment
The vehicle of the uninsured may be impounded in certain cases. Law Enforcement officers possess the legal authority to impound the car if they find you driving without insurance, especially after an auto accident. Recovering the vehicle after this can be difficult and can probably add financial burden and stress to the uninsured driver.
Increased insurance premiums
Being caught without insurance in an auto accident may impact your coverage in the future. After being identified as an uninsured driver, you are most likely to incur higher premiums. Insurance providers will consider drivers identified as uninsured or having lapsed policies and will charge increased insurance premiums.
Personal Liability for Damages
Typically, uninsured drivers hold the responsibility for any injuries or damages caused in the accident. This may lead to the costs as out-of-pocket expenses.
SR-22
Certain states may require uninsured drivers to get an SR-22. This is a form that proves the financial responsibility for minimum insurance coverage. Moreover, the person should maintain this for 3 years. Filing an SR-22 requirement can affect the insurance rates and lead to increased premiums and additional fees for maintaining the document.
What Happens If You Are In A Car Accident Without Insurance Not At Fault?
Let us consider this scenario:
What can happen if someone hits you and you don’t have insurance? Drivers with a lapse in coverage or driving without insurance will have to face legal consequences and may be fined or, in the worst case, can suspend the license for up to a year. However, if you are not at fault and another driver is found at fault, then you have the right to seek compensation for the losses, medical costs or property damage from the other driver.
Though being an uninsured driver can complicate getting the compensation, still, navigating the case with an uninsured accident attorney, you can face the situation confidently.
Some possible solutions for the scenario of car accident no insurance not at fault:
File a Claim with the other driver:
If you have encountered an accident that has happened due to the negligence of the other party, you have the right to sue them. However, you must prove that the other driver is liable for the damages or losses. Typically, the case can be moved with the help of a car accident attorney no insurance. While involving a court procedure, both parties will demonstrate their liability for the accident.
Remember, the other should have sufficient insurance to pay for your losses. You can determine the chances of recovering for medical costs or damages after consulting with an attorney.
If the other driver is also uninsured
If both of the parties are uninsured in the accident, the situation becomes tougher. Since there is no insurance to rely on, if you have been suffering from medical expenses or any losses, then you have to face it on your own. Still, hiring an attorney can help in navigating the situation effectively. He will help in filing a lawsuit against the at-fault driver.
In certain cases, the other driver may also be uninsured or lack adequate coverage to compensate for your claim. In such cases, legal counsel is the only option that you have to rely on and get the compensation directly.
What if the other driver lacks liability insurance?
Let’s look at the potential solutions.
Uninsured Motorist Coverage:
If you have uninsured motorist coverage as part of your auto insurance, then that policy will help in covering the damages or repairs of your vehicle that happened in the accident.
State Programs:
Certain states offer programs that help the non-fault driver to cover the cost of damages when he is hit by an uninsured driver.
Collision Coverage:
If your auto insurance has collision coverage, then it will help in covering the cost of replacing or repairing the vehicle, no matter the fault is at which side.
What happens if both parties are uninsured?
Based on the comparative fault or shared liability, the insurers of both sides will look for the blame of the accident. If it is found that both parties are somehow related to the cause of the accident, then the negligence law of the state will calculate and provide compensation for the losses and medical bills.
Who will pay for an at-fault accident?
We understand your situation – I have no insurance and someone hit me. At this moment, you will be overwhelmed by several questions. This includes who is financially responsible for an at-fault accident. Let us help you uncover the answer.
If the situation is very clear and the other admits or has strong evidence indicating his fault, then the at-fault driver’s auto insurance should pay for the losses and medical costs.
However, if it is not clear and the cause of the accident cannot be found, then a deep investigation must be conducted to find the at-fault driver.
Who pays if someone hits you and you don’t have insurance?
Scenario 1:
You are the cause of the accident, and you don’t have insurance:
If you are at fault for the accident and you don’t have insurance, you have to face serious consequences. You will pay the penalty for driving without insurance, and in addition, you become legally responsible for covering the repair costs and medical bills.
You may also have to face the consequences that the other driver, instead of claiming his own insurance policy, can sue you for the claim. This means it will add to your financial burden, and you have to pay for the other driver’s medical bills, repair costs and damages.
Scenario 2:
You have been in an accident; someone has hit you, and you are not the cause, but you don’t have insurance:
If you are not at fault for the accident, however, you don’t have insurance, you will be charged for driving without insurance. Based on the first time or subsequent times, your fine amount and legal actions will be taken.
Concerning paying for the losses or medical expenses, if you are not at fault, you have the right to claim on the other driver’s insurance policy. Thus, you can claim the compensation for the repair costs, medical bills, emotional distress and more.
What to do with an uninsured accident not my fault?
Though it is an offence to drive without insurance, still, after facing an accident, you shouldn’t leave the scene. Make sure to take the steps listed below for safer legal consequences and to get your claim.
Step 1:
Stay at the scene:
No matter who is at fault, you should remain at the accident scene till the police arrive at the spot. If you leave the scene, it may become a case of hit-and-run and lead to legal consequences.
Step 2:
Seek medical care:
If you are injured, even a minor injury, you should get proper medical attention. Call 911 or seek someone’s help to get emergency medical care.
Step 3:
Exchange information:
Give your name, contact number and address to the other driver. Similarly, get the details from the other driver, including his insurance information.
Step 5:
Move to a safe zone:
Move your vehicle and yourself into a safe area. Cars involved in accidents can block the traffic and could result in injuries for the public. Move to a safe area and wait for law enforcement to come.
Step 6:
Gather information about the other vehicle:
Note down important information such as:
- License plate number of the other vehicle involved in the accident
- Make, model and colour of the vehicle
- Vehicle identification number (VIN)
Step 7:
Do not admit fault:
Even if you think you are partially responsible for the accident, it is highly recommended not to admit the fault. There can be hidden reasons such as weather conditions, bad road design, highway construction negligence or more. As per the shared fault or comparative negligence law of California, you can recover damages after an accident.
Step 8:
Hire an uninsured car accident lawyer:
If you are in a scenario of a car accident not at fault but insurance lapse, then you need a skilled attorney to handle your case. He will give all the guidance and support to protect your rights and recover the damages and sufferings caused in the accident.
Decoding Proposition 213: Impacts for an Uninsured Driver
Known as the “Personal Responsibility Act,” Proposition 213, a California law will impact uninsured drivers involved with an accident. It typically limits the recovery of damages caused to the uninsured driver. This probably can affect claiming full compensation.
Impacts:
- The right to recover only economic damages after an accident
- Can claim for economic damages such as medical bills, property damage and lost wages.
- Non-economic damages such as emotional distress, pain and suffering and loss of enjoyment of life can’t be recovered.
Proposition 213 law is considered a penalty for those drivers on the road without insurance, yet it allows them to recover their important financial losses.
Get Legal Guidance:
If someone hits you and you don’t have insurance and you struggle to claim your compensation, get expert help. Car accident attorneys no insurance can represent you and help in pursuing the full compensation that you deserve for your lost wages, medical bills and vehicle repairs or replacement.
Attorneys can help in resolving the claim and save you from the hassle of delayed processing of insurance companies. Having a skilled lawyer with you means you have the best chances to get the claim.