Although California state law requires all drivers to carry insurance, not everyone complies. If you are hit by an uninsured driver, you may be unsure what next steps to take. Speak to a San Mateo County, California car accident lawyer for more information on your rights and options.
Is Auto Insurance Mandatory?
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 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 damages. Without insurance, people may go into debt after causing an accident as they will be on the hook for paying for the other parties’ expenses.
California’s minimum requirements for auto insurance coverage are as follows.
- 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.
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 state law requires that uninsured motorist coverage is included in every car insurance policy. However, if they choose to do so, the driver may sign a written waiver to remove the insurance from their policy. This is not recommended but some people choose to opt out.
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. 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 are paid out of the defendant’s pocket since they do not have an insurance provider.
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.
