Your Legal Options If You’re Hit by an Uninsured Driver

Regardless of insurance status, most car crashes cause serious injuries, such as head injuries, broken bones, and internal injuries. Modern safety equipment literally softens the blow. But no safety equipment can possibly absorb all the force in a high-speed car crash.

These injuries are especially severe if the victim has a pre-existing medical condition, is an older adult, or is a young child. Also regardless of pre-existing condition or victim status, a Los Angeles accident with uninsured driver lawyer helps victims obtain the compensation they need and deserve.

California drivers have a number of legal options in these situations, mostly because the Golden State has one of the highest percentages of uninsured motorists in the nation. Lawmakers cannot force people to buy auto insurance or do anything else. But lawmakers can create legal options for uninsured motorist crash victims.

Immediate Steps After the Crash

Before we discuss legal options for uninsured driver crash victims in California, we should discuss what to do in the wake of a wreck.

A failure to take proper action limits, or even eliminates, legal options.

• Call 911:

  Do not assume someone else will call 911. If possible, take the bull by the horns and make that call yourself. Especially if the wreck caused serious injuries or significant damage, a police report strengthens any claim or lawsuit later.

• Exchange Information:

  Get the other driver’s name, address, phone number, license number, and vehicle info, even if the other driver admits s/he has no insurance. You need this information regardless of what path you take.

• Collect Evidence:

  Take photos/videos of the scene and property damage. Also, collect witness contact information if possible. Many car crash witnesses don’t voluntarily cooperate with emergency responders, for one reason or another. But almost all witnesses voluntarily cooperate with crash victims.

• Immediately Seek Medical Attention:

  Many victims, especially head injury victims, don’t “feel” hurt. The brain conceals its own injuries. So, immediate medical help is critical. Some people don’t see doctors because they don’t want to run up large medical bills. But let your Los Angeles accident with uninsured driver lawyer worry about that problem later.

Victims should avoid doing a few things as well. Do not post about the accident on social media. In fact, do not talk to anyone except emergency responders and doctors. Keep your responses as narrow as possible and never volunteer information.

Non-Court Options for Uninsured Motorist Crash Victims

In many cases, collision coverage is the first resort in these situations. Regardless of fault, collision coverage pays vehicle repair or replacement costs.

However, run the numbers before you file a collision claim. You must pay the deductible and your rates will increase, at least in most cases. Using money from savings, or even borrowing money, may be cheaper in some cases.

California MedPay (Medical Payments Coverage) is another alternative. This optional auto insurance coverage pays, or at least offsets, medical expenses after a car accident, regardless of who was at fault.

MedPay immediately writes a check for covered expenses, usually covers deductibles, co-pays, or treatment not fully covered by health insurance. MedPay typically pays for reasonable and necessary:

• Ambulance fees,
• ER visits and hospital bills,
• Doctor visits,
• X-rays and diagnostic tests,
• Surgery,
• Chiropractic care and/or physical therapy, and
• Funeral expenses (in fatal accidents).

Coverage is available for you (the policyholder), household family members, passengers in your car, and you while driving someone else’s car (depending on policy terms). Typically, MedPay is a good investment. Premiums are generally low and coverage limits are generally high.

On a related note, if you were uninsured at the time of the accident, California’s Proposition 213 “No Pay, No Play” law limits the ability to recover noneconomic damages (like pain and suffering), even if the other driver was at fault.

Uninsured/Underinsured Motorist Coverage (UM/UIM)

MedPay, since it pays quickly and is no-fault insurance, is often best for low-speed fender-benders. UM/UIM, since it pays additional money, is usually better for high-speed wrecks.

Under California law, your insurer must offer UM/UIM coverage with every auto policy. This add-on is often the best and most realistic way to recover compensation when the other driver has no insurance. Up to policy limits, Uninsured Motorist Bodily Injury (UMBI) helps pay for:

• Medical bills,
• Lost wages, and
• Pain and suffering.

Uninsured Motorist Property Damage (UMPD) covers your vehicle damage when the other driver is identified as uninsured. Underinsured Motorist (UIM) applies if the at-fault driver has insurance but their limits are too low.

File a Lawsuit

As a last resort, you can still sue the at-fault driver directly for negligence, just like you would with any at-fault motorist. Collecting on these judgements is challenging, to say the least. Some tools are available, such as wage garnishment, bank account levies, and property or credit liens. However, these options only work if the defendant has relevant assets.

A much better lawsuit option, if available, is an action against a third-party defendant. In fact, if available, this alternative is usually the primary option in any car accident case. Possible theories include respondeat superior employer liability and negligent entrustment owner liability.

You have legal options if you’re hit by an uninsured driver in California. For a free consultation with an experienced pedestrian injury lawyer in Los Angeles, contact us today and we do not charge upfront legal fees in these matters.