Although California state law requires all drivers to carry insurance, not everyone complies. If you are hit by an uninsured driver in San Mateo, Belmont, Moss Beach, or anywhere else in San Mateo County, you may be unsure what next steps to take. In general, you may be able to file a claim through your own uninsured motorist coverage or pursue a personal injury lawsuit against the uninsured driver responsible for your damages. While it is possible under California law to seek compensation from a driver without insurance, the process can be much more complex. As such, it is in your best interest to speak to a San Mateo County, California car accident lawyer for more information on your rights and options.
Is Auto Insurance Mandatory in California?
In California and 47 other states, it is illegal to operate a vehicle without proper insurance. Drivers must carry proof of insurance in their vehicle at all times so they can present evidence if they are involved in an accident or a traffic stop.
Auto insurance is mandatory because any driver on the road has the potential to cause an accident and injury. Insurance provides individuals with a way to cover certain costs for injury, death, and damage. Without insurance, people may go into debt after causing an accident, as they will be on the hook for paying for the other party’s expenses.
California Minimum Insurance Requirements
- Bodily injury liability coverage: $15,000/person and $30,000/accident
- Property damage liability coverage: $5,000/accident
- Uninsured motorist bodily injury coverage: $15,000/person and $30,000/accident
- Uninsured motorist property damage coverage: $3,500
Anyone who does not have any or all of the above coverages is considered an uninsured or underinsured driver.
What Is an Uninsured Driver Under California Law?
In California, an uninsured driver is someone operating a vehicle without valid insurance as required by state law. California is an at-fault state for accidents, meaning the driver responsible for causing a collision is financially liable for damages. This differs from states that follow a no-fault system, in which each driver files a claim against their own insurance, regardless of fault.
Important Legal Concepts That Can Affect Your Case
- Fault-based liability system: The at-fault driver is responsible for damages
- Comparative negligence: Your compensation may be reduced if you are partially responsible for the accident
- Personal liability risk: Uninsured drivers may have to pay out-of-pocket for damages they cause
- Penalties for no insurance: An uninsured driver may have their license suspended, vehicle impounded, and pay hefty fines
Is Uninsured Motorist Coverage Required in California?
Uninsured motorist coverage is auto insurance that provides drivers with protection in certain situations. Through this policy, your own insurance company will cover compensatory damages if you are hit by a driver without insurance or if you are hit by a driver who flees the scene and is never identified.
California law requires insurers to offer uninsured motorist coverage, but drivers may decline this coverage in writing. However, this is not recommended.
What Should I Do Immediately After Being Hit by an Uninsured Driver in San Mateo County?
In the event you are involved in an accident, regardless of whether or not the driver responsible for the collision has adequate insurance in accordance with California law, taking the proper steps is critical to protecting your right to seek compensation, as well as your health and well-being.
Immediate Steps to Take
- Call 911 to report the accident, obtain assistance from police, and request medical personnel at the scene
- Allow EMTs to evaluate you, even if you feel okay or injuries seem minor
- Exchange information, even if the other driver lacks insurance
- Take photos and videos of the damage to both vehicles and your visible injuries
- Inform your insurance company of the collision
- Do not provide recorded statements until you have consulted an experienced attorney
What Can I Do if the Driver Who Hit Me Doesn’t Have Insurance?
If you are involved in an accident with a driver and learn that they do not have insurance, don’t panic. It can make the legal process more complex, but you do have options. Generally, compensation is recoverable through your own uninsured motorist coverage or by filing a personal injury lawsuit against the negligent driver. The option that is best for you will depend on the unique circumstances of the accident.
First, report the accident to your insurance company. You do not have to file a claim right away, but there may be deadlines to pursue compensation, so it is important to be aware. Inform your insurer that the driver at fault does not have insurance.
If you have uninsured motorist coverage, you will be able to file a claim with your insurance provider to recover damages.
However, if you waived your right to uninsured motorist coverage or do not have a high enough policy to cover the totality of your costs, you may need to look elsewhere. With the help of a skilled attorney, you can file a personal injury lawsuit against the liable party. If you are successful in proving their liability, you can request that your expenses be paid out of the defendant’s pocket since they do not have an insurance provider.
Can I Still Recover Compensation if the Other Driver Has No Insurance?
While the process of recovering compensation for the damages you have suffered may be made more difficult by the other driver’s lack of insurance, it’s not impossible. There are a number of ways you can recover compensation for damages.
Potential Sources of Compensation
- Uninsured motorist coverage: Covers medical bills, lost wages, and additional damages
- Underinsured motorist coverage: Applies if the driver has insufficient coverage
- Personal injury lawsuit: Claim filed directly against the at-fault driver
- Medical payment coverage (MedPay): Can help cover the cost of immediate medical expenses
Contact an Experienced San Mateo Personal Injury Attorney
This can be a complex process, so work with a skilled attorney to ensure you give yourself the best chance of success in your case. At the Law Offices of Alliser R. Liao, we understand how difficult these matters can be to navigate. That is why we are committed to helping you recover the compensation you deserve. Contact us today to learn how we can represent you.