If the at-fault party doesn’t have car insurance, you might still be able to get compensation through other legal methods, such as filing a claim with your own insurer or a personal injury lawsuit against the driver.
Being in a car accident is stressful enough. When you discover the other party does not have car insurance, it can be an extremely frustrating process. A Los Angeles car accident lawyer can help walk you through this process. Just because the at-fault party is uninsured does not mean you cannot fight for the compensation you need.
All motorists in California are required to have car insurance, according to the California Department of Insurance. All drivers must be able to show proof of insurance for their registered vehicles. A motorist cannot legally drive without this insurance. However, despite these laws, drivers might still drive on the road without insurance. So, what happens when they get into accidents?
Table of Contents
You Might Have to File an Uninsured Motorist Claim
If you were injured by an uninsured motorist, you might still be able to get compensation for your damages. In California, you do not have to have uninsured motorist coverage. However, insurance companies are required to offer it. In fact, if you deny uninsured motorist coverage, you must sign a waiver.
If you did elect to have uninsured motorist coverage, you might be able to receive compensation for your damages through your own insurance company. You might get compensation to cover:
If you were injured in your uninsured motorist accident, you might be compensated for any medical expenses you acquire. Medical expenses can add up quickly. You might be compensated for costs for the emergency room visit, doctor’s appointments, diagnostic tests, hospital stays, and any follow-up treatment you needed.
If you are still receiving medical treatment at the time of your settlement, you might be compensated in advance for any medical treatment you might need in the future. This might include costs for surgery, physical therapy, rehabilitation, and hospital stays.
Damage to Your Vehicle
If you were driving your vehicle when you were in a car accident, you might be compensated for the cost of repairs your vehicle needs. If the cost of repairs is more than the cost of the vehicle, you might be compensated for the cost of a replacement vehicle.
Pain and Suffering
Pain and suffering is a non-economic damage. It does not have a set monetary value attached to it. When you are in a car accident, you can experience mental and physical pain as a result. Your pain and suffering can be taken into account when determining what would be fair compensation for your specific car accident.
Loss of Income
A car accident can cause a serious disruption in your life. Even minor injuries might cause you to miss time at work. If you had to miss work as a result of your car accident, you might be compensated for the loss of income. This might also include the time you had to take off for the accident itself and any recovery or medical treatment you needed as a result.
Due to your injury, you might not be able to perform your normal household chores. You might be compensated for the amount it would take to hire someone to come in and clean your home, do your dishes, complete yard work, and do laundry.
You Might Be Able to Sue the Driver
If you were injured by an uninsured driver and you did not elect to have uninsured motorist coverage, you might still be able to get compensation by suing the driver directly. While this is not ideal, it can help you get some of the compensation you might be entitled to collect. A car accident lawyer can help walk you through this process and discuss the pros and cons of this option.
There are some downsides to suing the at-fault driver directly. Even if you win the lawsuit and are awarded compensation for your damages, the driver might not have the money or assets available to pay you. If this is the case, you will not get much, if any, of the compensation you are entitled to receive.
How a Lawyer Can Help
According to the Insurance Information Institute (III), approximately 13 percent of all drivers in the United States did not have car insurance in 2015. If the at-fault party doesn’t have car insurance, you might still have options available to you to fight for compensation.
A car insurance lawyer can walk you through what options you have available to you through your policy or with the other driver. They can help walk you through a potential settlement or walk you through the process of suing the driver. Call Jacoby & Meyers Law Offices today at (866) 559-7223 to get started on your claim. The sooner you contact us, the sooner we can get started fighting for your compensation.