Driving without insurance in Gardena is deemed irresponsible and against the law. According to Proposition 213, drivers without insurance who are involved in car accidents may only receive compensation for financial losses resulting from their injuries.
Read on to learn more about your legal rights if you are involved in a car accident in Gardena while driving without a license.
Is Driving Without Insurance Illegal in Gardena?
In Gardena, it is unlawful to drive without insurance. Many governments have made auto insurance compulsory to guarantee that drivers have financial protection in case of an accident or damage they may cause to third parties.
As per California Insurance Code §11580.1b, an auto driver in California should have the following liability requirements when driving:
- $15,000 for injury or death to one individual.
- $30,000 for injury or death to more than one person.
- $5,000 for property damage.
While liability insurance covers bodily injury or property damage for someone other than the insured, comprehensive or collision insurance does not meet the vehicle financial responsibility regulations.
Here are the types of insurance accepted by the law:
- Motor vehicle liability insurance policy,
- $35,000 cash deposit with the DMV,
- DMV-issued self-insurance certificate and
- $35,000 surety bond from a company registered in California.
Remember that driving without insurance can result in fines, penalties, and, in some circumstances, the suspension of your license. Before traveling by auto, it is crucial to familiarize yourself with the specific insurance regulations in your area.
California Driving Without Insurance Laws
As mentioned, California law states that a driver should have the minimum liability requirements when driving on roads and highways. Failure to do so may result in several legal consequences.
Additionally, California’s Driving Without Insurance Laws include Vehicle Code 16028 (c), which mandates drivers always to keep proof of insurance in their vehicles and present it in the following situations:
- A request from the authorities.
- When updating your car’s registration.
- When the car has been in a collision with another vehicle.
Proof of insurance while driving is required to meet legal requirements, protect yourself and others financially, and maintain a stable backup for dealing with the financial consequences of accidents.
How Much is a Ticket for Driving Without Insurance?
Failure to obtain insurance or present proof of one has several legal consequences, depending on the circumstances of your case. If you are caught driving without insurance, you will likely face the following fines and penalties:
First offender: Fines around $100 to $200. After assessing your circumstances, the court may also impound your vehicle on top of additional penalty costs.
Second or frequent offender: Fines around $200 to $500. A much higher additional cost may be included, depending on the penalty assessment. You can also have your car impounded or get your license revoked for at least four years.
California penalty assessments: The penalties for driving without insurance in California may not be too severe in most cases. However, it is through penalty assessments that the fines build up.
In California, a penalty assessment is a cost added to the original baseline fine for any legal offense. Many penalty assessment codes apply to driving without a license, including:
- Penal Code 1464: $10 for every $10 or a portion of $10 of your fine
- Government Code 7600: $7 for every $10 portion of $10
- Government Code 70372: $5 for every $10 or a part of $10
- Government Code 76104.6: $1 for every $10 or a portion of $10
- Government Code 76104.7: $4 for every $10 or a part of $10
- Government Code 76000.5: $2 for every $10 or a portion of $10
Can You Go to Jail for Driving Without Insurance?
Local agencies take driving without insurance in California seriously. Doing so may lead to fines, penalties, and license revocation. However, you can’t go to jail for driving without insurance unless you cause an accident, injure someone, and try to leave the scene without notifying authorities.
Can I File a Claim if I’m Involved in a Car Accident While Driving Without Insurance?
Generally, you are entitled to monetary compensation if you sustain injuries or other damages from a car accident in Gardena caused by someone else’s negligence. In California, negligence can be demonstrated through these four elements:
- Duty of Care: The driver was responsible for ensuring everyone’s safety, including yours.
- Breach of Duty: The driver failed to fulfill this duty.
- Causation: The breach of duty resulted in an accident.
- Damages: The accident caused injuries or other damages.
An injured car accident victim may include economic and non-economic damages in their payout. Economic damages are monetary losses calculated through receipts and other documents, such as medical bills.
On the other hand, non-economic damages are intangible losses from a car accident, such as Post-Traumatic Stress Disorder after an auto collision.
If you are involved in an accident due to another driver’s negligence but were driving without insurance at the time, you may still be entitled to an insurance settlement from the other party. However, you will likely receive reduced compensation.
Lawyer’s Tip: In most cases, insurance companies will try to resolve your claim as quickly as possible. While this may seem beneficial, it may not cover other expenses, such as future medical bills and treatments. It is best to contact a personal injury lawyer before reaching out to your insurance provider.
What is Prop 213?
In California, Proposition 213 prohibits drivers from claiming monetary compensation for non-economic losses, such as:
- pain and suffering,
- inconvenience,
- physical impairment,
- disfigurement, and other non-pecuniary damages.
Proposition 213 can be applied to your case under the following circumstances:
- The injured individual was operating the vehicle in violation of Vehicle Code 23152 or 23153 at the time of the accident and was convicted of that infraction.
- The injured individual was the owner of one of the vehicles involved in the accident, and the car was not insured as required by this state’s financial responsibility regulations.
- The injured individual was the operator of a vehicle involved in the crash, and they could not demonstrate financial responsibility as required by this state’s financial responsibility statutes.
Moreover, Prop 213 is not applicable in situations where the following occur:
- Company-owned car drivers whose employers fail to get auto insurance.
- If the uninsured driver is a spouse who was unaware their spouse had failed to obtain insurance coverage.
- Accidents involving motor vehicles on private property.
- Drivers who have insurance but borrowed an uninsured vehicle.
- Passengers in uninsured cars who are not the vehicle’s owner.
Remember that driving without insurance is a violation of California law. So, if you are involved in a car accident in Gardena without valid insurance, you will likely receive a settlement for your economic losses only.
Additionally, the other driver’s insurance company will likely use your violation to discredit your claim, reduce your settlement, or dismiss your case. You must contact a Gardena car accident lawyer immediately after the auto collision to avoid losing your claim.
What To Do in a Car Accident While Driving Without Insurance
Suppose you are involved in a car accident in Gardena. In that case, it is advisable to take the following precautions to guarantee your safety and to pursue the appropriate legal proceedings when filing a car accident claim:
- Remain calm.
- Avoid leaving the accident scene without notifying the authorities or providing your contact details to the involved individual.
- Call 911 or the Gardena Police Department to respond to the accident location.
- Check if you have injuries from the impact of the car crash.
- Seek medical attention immediately by contacting the nearest hospital in Gardena.
- If you can move, collect evidence at the accident scene, such as the other driver’s contact information, photos of the collision, and witness statements.
- Cooperate with the police officers.
- Seek legal advice from a Gardena car accident lawyer who can help build your car accident claim.
How Can I Defend My Car Accident Claim?
While it is given that you will likely receive compensation for the economic losses of the accident only, the other driver’s insurance company will try to reduce your settlement further by discrediting you as a driver.
For instance, the insurance provider may argue that since you failed to secure insurance while driving on roads and highways, you can lie about the cause of the crash. Regardless of the other driver’s fault, this can make you the culprit, especially if you have limited evidence to support your claim.
A car accident lawyer can help you prove your case and obtain fair compensation by doing the following:
- Collect the necessary evidence to support your claim.
- Prove liability.
- Communicate with the insurance provider.
- Calculate the total damage.
- Meet legal deadlines.
- Proceed to a trial if necessary.
Why Hire Gardena Car Accident Lawyers from Jacoby & Meyers?
Numerous legal firms in Gardena might extend their services to you if you seek to pursue a claim related to a car accident. However, we assure you that we offer superior and more streamlined legal processes to safeguard your rights. That’s why we’ve earned the reputation of being the best.
At our law firm, we’ve established an efficient legal procedure that ensures your understanding of your rights and secures the just justice you’re entitled to. Our dedicated legal team is committed to providing top-notch service by:
- Ensuring Clear Communication: We will effectively communicate every legal step throughout your case, ensuring you understand the entire process from start to finish.
- Managing Property Damage: We will negotiate with insurance providers to address any property damage from the car accident.
- Aiding with Medical Needs and Pursuing an Injury Claim: We will consistently facilitate appropriate medical treatments based on your doctor’s recommendations, ensuring you receive the necessary care for your recovery. Additionally, we will assess your injuries and determine fair compensation for you.
- Offering Additional Assistance: We understand the stress that accidents can cause, so we’re here to assist with various needs, such as issues related to your vehicle, to alleviate your concerns.
- Safeguarding Your Legal Rights: We will establish liability, assess the full extent of damages, and vigorously advocate for your claim, ensuring your legal rights are protected throughout the process.
At Jacoby & Meyers, we have been dedicated to protecting the legal rights of victims of auto accidents and pursuing substantial settlements since 1976. Our track record speaks for itself:
- A settlement of $19.0 million from a rideshare passenger versus an automobile in a quadriplegic accident case.
- A settlement of $17.5 million from a bicycle versus a truck in a paraplegic accident case.
- A settlement of $13.0 million in a wrongful death case versus a city.
- A settlement of $11.9 million in a wrongful death case versus a truck accident.
Call us immediately at 800-500-0000 for a free consultation and explore your legal options.
Jacoby and Meyers. Because You Deserve Justice.
Hear From Our Past Clients
We have faith in our ability to provide our clients with a solid defense. However, we’re aware that many law firms make similar assertions. Consequently, we’d rather have our previous clients share their own stories about the positive experiences they’ve had with our services.
“I hired Jacoby & Meyers after I was involved in a car accident. Even though I was nervous about the process they made me feel at ease and kept me informed during every step of my case. They really went the extra mile and did everything they could to ensure a great outcome.
If you are looking for an attorney’s office that is honest, trustworthy and knowledgeable, I would recommend Jacoby & Meyers. They were truly my dream team!”
-Blayne
Works Cited
“Auto Insurance Requirements – California DMV.” California DMV, https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/. Accessed 30 August 2023.
“Civil Code Section 3333.4.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3333.4.&lawCode=CIV. Accessed 30 August 2023.
Fitzpatrick, Mark, and Matt Timmons. “Penalties for Driving Without Insurance in California.” ValuePenguin, 15 December 2022, https://www.valuepenguin.com/auto-insurance/california/penalties-driving-without-insurance. Accessed 30 August 2023.
“Goverment Code 76104.6.” California Department of Justice, https://oag.ca.gov/sites/all/files/agweb/pdfs/bfs/gov_code_76104_6.pdf. Accessed 30 August 2023.
Howard, Ben. “.” . – YouTube, 2 October 2022, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1464.&lawCode=PEN. Accessed 30 August 2023.
Howard, Ben. “.” . – YouTube, 2 October 2022, https://casetext.com/statute/california-codes/california-government-code/title-8-the-organization-and-government-of-courts/chapter-12-county-penalties/article-1-penalties/section-760005-effective-until-112027-additional-penalty-for-support-of-emergency-med. Accessed 30 August 2023.
Posey, Mariah. “Driving Without Insurance in California.” Bankrate, 11 April 2023, https://www.bankrate.com/insurance/car/california-driving-without-insurance/#penalties-for-driving-without-insurance-in-california. Accessed 30 August 2023.
“Section 11580.1.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11580.1.&lawCode=INS. Accessed 30 August 2023.
“Section 7600 – Legislative intent, Cal. Gov. Code § 7600.” Casetext, https://casetext.com/statute/california-codes/california-government-code/title-1-general/division-8-securities-owned-by-state-agencies/chapter-1-investment-of-securities-owned-by-state-agencies/article-1-general/section-7600-legislative-intent. Accessed 30 August 2023.
“Untitled.” California State Association of Counties, https://www.counties.org/sites/main/files/file-attachments/aoj_attch_1_-_aoc_cppa_meeting_handouts_090326.pdf. Accessed 30 August 2023.
“Vehicle Code 16028(c).” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16028. Accessed 30 August 2023.
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