August 26, 2014
What if an Uninsured Driver Causes a Car Accident?
If an uninsured driver causes a car accident, the victim of the collision may have a more difficult time recovering compensation. Under California’s fault rules, the driver who causes a collision is supposed to be responsible for compensating victims. Since most individuals do not have money to pay for car accident costs, insurance picks up the bills. When an uninsured driver causes a car accident, there is no insurance company to pay.
Victims who are injured when an uninsured driver causes a car accident can still pursue a claim for compensation. They may be able to obtain monetary damages from their own insurance company or from the irresponsible driver personally. An experienced San Diego car accident attorney at Injury Trial Lawyers, APC can help victims after a crash caused by an uninsured driver. Our qualified team of personal injury lawyers will be happy to review your case. Call or contact us today to learn more about how we can assist with your damage claim.
When an Uninsured Driver Causes a Car Accident
When an uninsured driver causes a car accident, the victim of the collision has two primary options:
- Pursuing a personal injury or wrongful death claim against the responsible driver and collecting from his personal assets.
- Making an uninsured motorist claim with his own insurance policy.
If the other driver was to blame for the accident and you can prove it, you should be able to win a judgment against him in court. However, the key question is whether he will have the money and assets to pay the judgment. If the uninsured driver who caused the collision has a large income or significant property and assets, then you can collect the damages you are awarded. You could even have the driver’s wages garnished or liens put on his property. If the uninsured driver had no money or assets, however, then getting a judgment is not going to be useful because there will be no practical way to actually obtain the money you have been awarded.
Your other option may be the better choice. You can pursue a claim against your uninsured motorist coverage when an uninsured driver causes a car accident. California does not require you to have uninsured motorist coverage but it is a good idea to buy this type of protection when you obtain auto insurance. If you have a policy that includes uninsured motorist coverage, then your insurer will stand in for the uninsured driver who caused the crash and who was supposed to pay. If you do not have uninsured motorist coverage, then this method of collecting compensation is not available to you when an uninsured driver causes a car accident.
Making an Uninsured Motorist Claim
If you have uninsured motorist coverage, you will need to report the accident to your insurer and make a damage claim after the collision. You need to show that the other driver was to blame and has no insurance to cover your losses. Your San Diego, CA car accident attorney can help you to take the necessary steps to file your claim.
You should be sure that your insurance company makes you a reasonable settlement offer when you make an uninsured motorist claim, and be sure that you do not agree to accept less than your case is worth. If your insurer refuses to pay as required, you could potentially take legal action for bad faith.
Injury Trial Lawyers, APC has extensive experience representing clients after an uninsured driver causes a car accident. Our San Diego personal injury attorneys will help you to explore all options and find the best way to obtain compensation. Call or contact us online today to learn more about how we can represent you.
Injury Trial Lawyers, APC
1230 Columbia Street #560
San Diego, CA 92101