Although California law requires car insurance for all motor vehicle drivers, the state has one of the highest rates of uninsured motorists in the country. If you get into a car accident with an uninsured or underinsured driver, you may need assistance from an attorney to recover fair financial compensation for your losses. A uninsured motorist accident lawyer in Riverside can review your options with you in detail.
Uninsured/Underinsured Motorist Insurance Coverage
In California, uninsured motorist (UM) insurance is not a legal requirement. It is optional, but drivers must decline it in writing at the time of purchase. UM insurance, along with underinsured motorist (UIM) insurance, can pay for accidents caused by drivers who are unlawfully driving without adequate insurance in California.
UM/UIM insurance is a first-party type of coverage, meaning it is available on the victim’s own policy. However, many drivers in California don’t carry UM/UIM coverage since it is not mandatory. If you’re one of them, you may have other options for recovering compensation after your crash.
Car Accident Lawsuit in California
One option for financial recovery could be bringing a lawsuit against the at-fault party. Even if the driver doesn’t have insurance, he or she can be required to pay for the victim’s bills and losses out of pocket. However, drivers who drive without insurance often do not have enough personal assets to cover a settlement or judgment award. For this reason, lawyers search for third parties that may share fault.
Third-Party Claim
In an uninsured motorist accident case involving a driver who does not have substantial assets, filing a lawsuit against the driver may not be the right choice. Instead, a third party could bear liability for the wreck. Common examples are:
- The uninsured driver’s employer (if the driver was on-duty)
- A trucking company
- A rideshare company (Uber, Lyft)
- An auto part manufacturer
- The city or state government
- A commercial or residential property owner
- Another driver
It’s important to have a lawyer carefully investigate and analyze your car accident if you are dealing with an uninsured driver. An experienced Riverside car accident lawyer will thoroughly search for all outlets for financial compensation on your behalf.
What Happens if You Are Hit By an Uninsured Driver in California?
How to Recover Compensation After a Collision With an Uninsured Driver
If you get hurt in a crash involving an uninsured driver in California, call the police. Report the accident and the uninsured motorist to the authorities. A police report can provide important evidence during the insurance claims process. Exchange information with the uninsured driver, including names and contact details. Don’t admit fault or apologize. Take pictures and gather other evidence while you’re still at the scene.
Once you’ve gotten medical care for your injuries, call your insurance representative and file a UM/UIM claim. You may need to provide evidence that the uninsured driver is at fault, as well as documentation proving your injuries and related financial losses. The insurance company will conduct its own investigation before accepting your claim.
If you don’t have first-party insurance to cover your damages, contact an experienced Riverside injury attorney to explore your other options. A lawyer will carefully consider all of your legal routes and choose the best one for your specific circumstances. Then, your lawyer will represent you during insurance settlement negotiations to ensure a fair case outcome.