What If The Other Driver Involved Does Not Have Insurance?
It’s really a distressing experience being in an accident, but the situation can become even more complicated if the other driver does not have insurance. In California, like in many other states, drivers are legally required to carry auto insurance to cover potential damages and injuries in accidents. However, not everyone abides by this law. So, what happens if you find yourself in an accident with an uninsured driver in California? Let’s explore the consequences and options available to you in such a scenario.
California’s Mandatory Insurance Requirements
In California, drivers are required to carry a minimum level of liability insurance coverage to ensure financial responsibility in the event of an accident. As per the California Insurance Code, the minimum coverage limits are:
$15,000 for injury or death to one person;
$30,000 for injury or death to multiple people;
$5,000 for property damage.
These coverage amounts are
the bare minimum required by law, and many drivers opt for higher coverage to protect themselves in case of a more severe accident. Yet, despite these legal requirements, there are still uninsured drivers on the roads.
Uninsured Motorist Coverage
To protect themselves from accidents involving uninsured drivers, many California residents choose to carry uninsured motorist (UM) coverage as part of their own auto insurance policy. UM coverage provides financial protection in situations where the at-fault driver does not have insurance.
If you have UM coverage, you can file a claim with your own insurance company after an accident with an uninsured driver. This coverage may help compensate for medical expenses, property damage, lost wages, and other losses you incurred due to the accident.
Filing a Lawsuit
If you don’t have uninsured motorist coverage or if your damages exceed the policy limits, you may consider filing a lawsuit against the uninsured driver. However, it is important to keep in mind that even if you win a judgment against the uninsured driver, it may be challenging to collect the damages awarded.
Many uninsured drivers do not have the financial resources to pay for the damages they caused, which can make the process of collecting compensation more complicated. It is advisable to consult with an experienced personal injury attorney to assess your options and determine the best course of action in your particular situation.
The California Department of Motor Vehicles (DMV)
If you are involved in an accident with an uninsured driver in California, it is crucial to report the incident to the California Department of Motor Vehicles (DMV) within ten days. This report helps the DMV keep track of uninsured drivers and enforce penalties accordingly.
Consequences for Uninsured Drivers
In California, driving without insurance is illegal, and there are penalties in place for those who violate this law. If an uninsured driver is caught, they may face fines, the suspension of their driver’s license, and the impoundment of their vehicle. Additionally, the driver may be required to obtain SR-22 insurance, which is a high-risk insurance policy.
Being involved in a car accident is challenging enough, but it becomes even more complicated when the other driver does not have insurance. In California, uninsured drivers face legal consequences for not meeting the state’s mandatory insurance requirements. As a victim, you may have options to seek compensation through your uninsured motorist coverage or by pursuing a lawsuit against the uninsured driver. However, collecting damages can be difficult, as many uninsured drivers lack the financial means to pay for the damages they caused.
To protect yourself from accidents involving uninsured drivers, it is essential to carry uninsured motorist coverage as part of your auto insurance policy. Additionally, being knowledgeable about the legal requirements and options available to you can help you navigate the situation more effectively.
If you find yourself in an accident with an uninsured driver, consult with an attorney who specializes in personal injury cases to understand your rights and explore the best course of action for your circumstances.
For more information you may visit our website www.advolawyers.com. You may contact us at 800-808-4613 or email us at info@advolawyers.com
Disclaimer: This is a promotion by Hov Kachatoorian. Please note that this is for informational purposes only. It is not legal advice and should not be used as a substitute for advice from an attorney. Every situation is unique, and you should consult with a licensed attorney before making any decisions about your legal issues.