Car accidents are traumatic experiences. The situation may become worse if you don’t have insurance. Worried that I don’t have insurance and someone hit my car, this blog will answer. The major thing is that who is at fault places the person in a specific legal situation. However, driving without insurance in California is illegal. As you are uninsured, you are more likely to face legal consequences.
Hiring a professional uninsured car accident lawyer helps in navigating the complexities. Come on, let’s see who will pay for the losses if someone hits your car and you don’t have insurance.
Importance of having car insurance
The requirement for minimum auto insurance coverage covers:
- $15,000 for injury/death to a single person
- $30,000 for injury/death to exceed one person
- $5,000 for property damage
It is extremely important that a person should always have either minimal liability insurance of 15/30/5 or an alternative financial responsibility. This will avoid any potential penalties and protect them during a car accident.
Insurance coverage safeguards the person in the event of a car accident. As California adheres to an at-fault insurance model, you are at fault for the accident or have shared responsibility; the insurance will pay for the damages rather than forcing you to pay from your pocket. If the fault is with the other driver, his insurance company will take care of the losses or personal injury caused in the accident.
Legal Implications: If you drive without Car Insurance in California
Driving without insurance in California can result in serious legal implications, such as penalties or licence suspension. As per the Vehicle Code Section 16029, it is a violation of the road rules. The consequences depend upon whether you are a first-time offender or a repeat offender getting into an accident without insurance. Having an understanding of the scenario ‘I got hit by a car without insurance’ helps you to avoid legal penalties and other implications.
First conviction:
If you got into an accident without insurance for the first time, you will probably be fined between $100 and $200. The penalty assessment may increase the penalty to $400.
Second conviction:
For the second offence within 3 years, the fine will be between $200 and $500, and the penalty assessment may increase the penalty to $1000. The police officer may also impound the vehicle.
Subsequent convictions
Subsequent convictions exceeding one time in 3 years increase the penalty between $200 and $500. Penalty assessments will also increase from $520 to $1,300, ending up in an overall value between $1,020 and $1,800.
The licence of the person can be suspended for one year for the first offence, while for subsequent offences, the suspension can be for up to four years. Also, the person has to file an SR-22 form with the DMV to get back the licence.
What’s if I don’t have insurance and someone hits my car?
In scenarios where you get into an accident without insurance, there are certain steps to take.
- Report the accident
Report the car accident to law enforcement. Don’t lie or try to submit any false documents. Explain your situation to the police. Call 911 and report the accident. Since a police report is the key to a claim, ensure timely reporting.
- Seek medical attention
Getting medical care is another important step after you report the accident. Even if you don’t suffer from visible injuries, you are still recommended to seek medical attention. As soon as you get proper medical treatment, the fewer complications in your health.
- Gather evidence
Since it is a scenario of a car accident no insurance, collecting photos and videos related to the accident will help in your uninsured case. Try to get statements from witnesses and get their names and contact numbers as well.
- Avoid any guilt admissions
Being without insurance may make you feel guilty and make you apologise even if you have not done anything wrong. Don’t even make any casual statements like ‘I am sorry’ or ‘I was a little careless’ like that. Let the investigation of accidents speak the truth and find the fault.
- Protect your legal rights
As it is an uninsured car accident, it is highly recommended to get in touch with a professional car accident attorney to handle your case. Since California is a state of at-fault insurance, the fault may fall on your side, no matter whether you have insurance or not. Before you deal with the other driver’s insurance provider, talk with an expert attorney to know your rights and how to get legal protection for uninsured drivers.
No Pay, No Play Laws – What does it mean?
In states where “No-Pay, No-Play” laws are prevalent, it indicates following certain regulations that restrict the right of a person to sue for specific damages after a car accident, even if he was not insured during the crash, irrespective of which side fault.
California law gives an exception to the No Pay, No Play laws. Drivers in California will not be able to recover their non-economic damages after a crash under three scenarios.
- If the driver remains at fault for the accident
- If the driver is not insured
- If the injured driver is unable to prove his financial responsibility as per the law of the state.
Accident at fault no insurance in California – What happens?
As mentioned earlier, drivers in California are required by law to carry insurance. Anyone found to drive without insurance has to face legal consequences and pay penalties, or suffer from other legal complications.
If you are uninsured and you are at fault for the accident, you will probably become responsible for paying both economic and non-economic damages that the other driver has incurred.
Understanding No-fault states
No-fault states are those where, as per the jurisdiction, drivers’ insurance companies are accountable to cover the damage or injury with their own policyholders, it doesn’t matter who is found to be at fault for the accident.
This means that irrespective of who has caused the accident, each person holds the responsibility to file a claim with their own insurance provider and recover compensation for property damage and injuries.
Is California a no-fault state?
No, California does not belong to the no-fault state region in terms of insurance claims and car accidents. This state implies that the person who caused the accident possesses the financial liability to pay for the damages.
Typically, the fault is determined by demonstrating the negligence of a person who was not at fault and suing the at-fault party to seek losses through their insurer.
Fault Determination in Car Accidents in California
You may be worried about how fault and liability in California are determined in the situation I don’t have insurance and someone hit my car’
The fault of the driver can be determined through either of the following two ways:
- Negligence
Determining the fault under this theory of negligence requires proving elements such as:
Duty – Every driver should be obliged to operate their vehicle in the right manner by adhering to the applicable traffic rules, safe driving habits and having an understanding of the road conditions.
Breach – if the driver fails to maintain their care for duty, a breach will happen.
Causation – A breach of the duty of care of the driver becomes the cause of the accident.
Damage – Because of the collision, the person will suffer.
The person can prove the above elements with the help of an experienced attorney for a car accident.
- Statutory Negligence
Demonstrating the fault of a driver through this Statutory Negligence theory demands proof that indicates that the driver has violated the California vehicle code. Generally, a police officer establishes an accident report at the accident scene. This report usually states if the at-fault driver has violated the law.
- Comparative negligence
As per California law, it is believed that multiple drivers often can share some part of the responsibility in most crashes. This comparative negligence doesn’t affect drivers from claiming their compensation even though they remain partially at fault. But it may lower the compensation amount.
Factors that influence the fault after a car accident
Police reports – Law enforcement officers who arrive at the accident scene will draft an official police report. This document includes:
- Narrating the accident
- Statements of the involved parties
- Evaluation of the officer and citations, if any.
Though police reports are the deciding factor for finding the fault, they still have an influence on determining the fault.
Eyewitnesses – The unbiased statement of witnesses can help in clarifying the situation and aid in determining the fault.
Traffic Laws and Violations – Traffic rule violations are robust indicators for finding the fault. Violations such as speeding, distracted driving, alcohol or drug consumption while driving and improper lane use can lead to accidents.
Admissions of Fault – Statements made by the drivers at the accident scene can be considered as evidence. If any of the drivers admit fault, it serves as strong evidence.
Physical evidence – Any physical or visible pieces of evidence, such as damage, skid marks, and the final resting position of the vehicles, can help in assuming the situation that likely led to the accident.
Understanding the contributors that influence the fault-determining system will help in effectively navigating insurance and legal proceedings.
Possibilities For Uninsured Accidents When The Other Party’s At Fault
In the case of an uninsured car accident not at fault, the common questions will revolve around claiming compensation. The non-fault person will have anxieties about filing a claim against the insurance of the at-fault driver.
I am uninsured and not at fault. Can I still receive compensation?
Yes, even if you don’t have insurance, you are able to pursue compensation from the insurance company of the at-fault driver for your injuries and damage. But remember, driving without insurance will put you in a state where you will suffer from legal implications.
You can file a third-party claim directly with the at-fault driver’s insurance company. You can get repairs done by choosing a body shop as per California law.
Not at fault accident causing injury to a person:
California is a state of pay-for-play. This means if you don’t have insurance during the accident, you are limited to claiming compensation. You are allowed to get reimbursements for medical bills. However, you can’t claim for non-economic damages such as pain and suffering.
What happens if you don’t have insurance and the fault is on your side?
If you have caused the accident without insurance, you may have to face serious consequences. Apart from suffering such as legal penalties and other implications, you may also have to become legally responsible for paying medical bills and vehicle repair costs of the other person. The other driver possesses the right to sue you to get compensation.
What if the other at-fault driver also doesn’t possess insurance?
Already you are worried with the statement – ‘I don’t have insurance and someone hit my car’. Now the situation becomes even more complicated when the other at-fault driver is also uninsured. But don’t worry, the person still can claim compensation for his injuries and/or damages. Generally, the at-fault driver will be legally responsible for paying for losses and damages. If you have uninsured motorist coverage, then you are protected from the losses.
What to know about uninsured or underinsured motorist coverage?
Uninsured motorist coverage safeguards drivers during a car accident if the at-fault person lacks insurance. Underinsured motorist (UIM) insurance allows for claiming for losses if the at-fault driver carries an insurance, but it is insufficient to pay for all the damages.
To sum up
if I don’t have insurance and someone hit my car? As California is a No Pay, No Play state, your lack of insurance can restrict your compensation limit.
Don’t put yourself at the risk of paying legal penalties and facing other consequences. Hire a professional uninsured car accident lawyer to handle your legal rights.