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:
- Consider your safety first:
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.
- Call the police:
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.
- Exchange information:
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:
- Driver’s name
- Telephone number
- Mailing address
- Make and model of the vehicle
- Colour of the vehicle
- License number of the vehicle
- Contact information of witnesses
- Document the damage:
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.
- Inform your insurance company:
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.
- Contact uninsured accident attorney:
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:
- Medical expenses
- Lost wages
- Expenses related to injuries for you and other passengers in your vehicle
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 insurance company will pay for the damages, irrespective of which fault lies on which side.
A no-fault vehicle insurance policy is applicable, if:
- The accident happened in the applicable state
- The vehicle involved in the accident has its registration in the particular state
- Your insurance policy coverage includes the vehicle in the accident
What to do if the cause of the accident involves multiple parties?
California adopts comparative fault for those car accident cases that involve more than the fault for the accident. If you remain a partial reason for the accident with the uninsured driver, then you will receive some compensation.
However, the claim amount will majorly lie on the policy limits of your uninsured motorist coverage and the determination of the level of fault between the drivers.
Varied choices applicable to your case: someone hit me and they don’t have insurance
Maximum Uninsured Motorist Coverage
After a collision with an uninsured driver and you are not at fault, California law allows recovering up to the maximum limit of the coverage.
Uninsured Motorist Claim
There is a good chance to claim compensation if your insurance has Uninsured Motorist Claim coverage. For accidents where the other driver doesn’t have insurance, this policy serves as a protection. If you are going to file a claim against your own insurance company, you must understand how uninsured motorist coverage will work here.
Determination of Fault
Uninsured Motorist Claim coverage can work only in cases if you are not at fault for the accident. But, it is quite difficult to prove your stand in such cases. Getting assistance from an Uninsured motorist claim lawyer will help in getting the claim that you deserve.
File a Lawsuit
If you are not under an Uninsured Motorist Claim, you can sue the uninsured driver directly. But, as said earlier, the outcomes can be less than your expectations.
How can an Uninsured Motorist Attorney Help with your case?
At fault accident without insurance cases can be complicated and recovering compensation is difficult here. In most cases, the victim who faces an accident with an uninsured driver can be frustrated as the source of compensation is doubtful. In such cases, it is good to leave the task to an expert uninsured motorist attorney. He will investigate the case and determine who is at fault for the accident. If your stand is proven and it is evident that the other driver is at fault, then the attorney will proceed with the steps to recover the settlement for the losses you faced in the accident.
Don’t feel lost if you have faced an accident with an uninsured driver. California has varied choices to recover the compensation. Since it often happens to share the roadways with uninsured drivers, face the situation boldly with an Uninsured motorist accident lawyer.