Getting into a car accident is stressful enough, but things become even more complicated when the other driver doesn’t have insurance. In Los Angeles, where traffic congestion and accidents are common, it’s important to understand your legal rights and available remedies.
Below is a detailed guide on the steps to take and your options for compensation if you find yourself in this situation. If you have questions or need assistance, call our car accident lawyer in Los Angeles.
Immediate Steps After an Accident with an Uninsured Driver
When you’re involved in an accident with an uninsured driver, the first step is to call the police and file a report. California law requires drivers involved in accidents with injury or property damage to report the incident to law enforcement. A police report serves as crucial evidence, especially when you need to prove the other driver’s uninsured status later.
Additionally, collect as much information as possible. Document the scene with photos, gather witness information, and exchange contact details with the other driver. Even if the other driver admits fault, their lack of insurance complicates your ability to recover damages without proper documentation.
Filing a Claim Under Your Insurance
If the other driver is uninsured, one of your best options is to file a claim under your Uninsured Motorist (UM) coverage, provided you carry it. UM coverage is optional in California but must be offered by insurance companies. This coverage allows your insurer to pay for your injuries, lost wages, and property damage when the at-fault driver has no insurance.
In California, UM policies typically provide at least the same amount of coverage as the state minimum liability limits—$15,000 per person and $30,000 per accident for bodily injury, with $5,000 for property damage. If you opt for higher coverage, you can increase these limits, which is advisable given the high costs of medical care and vehicle repairs in Los Angeles.
Underinsured Motorist (UIM) coverage also comes into play if the at-fault driver has insurance that isn’t enough to cover all damages. Your UIM policy bridges the gap between the other driver’s coverage and the total cost of your injuries.
Pursuing Legal Action Against the Uninsured Driver
If your insurance coverage falls short or you don’t carry UM coverage, you may need to file a personal injury lawsuit against the uninsured driver. California law allows you to seek compensation for medical expenses, property damage and lost wages through litigation. However, the process can be challenging since many uninsured drivers lack the financial resources to pay a settlement or court judgment.
While using an uninsured driver might result in a favorable ruling, collecting the awarded damages can be difficult. Many drivers without insurance may also have limited assets, which makes enforcing a judgment problematic. In these cases, an experienced Los Angeles car accident attorney can investigate whether the at-fault driver has assets that can be seized or can negotiate payment plans on your behalf.
Understanding the Statute of Limitations
California imposes a two-year statute of limitations for personal injury claims related to car accidents. This means you must file your lawsuit within two years of the accident date, or you may lose your right to seek compensation entirely.
For property damage claims, the deadline is extended to three years. If you’re filing an uninsured motorist claim through your insurance, you must act promptly to meet the insurer’s internal deadlines for reporting accidents and filing claims.
Negotiating with Your Insurance Company
Insurance companies don’t always make the claims process straightforward, even if you have UM or UIM coverage. Insurers may attempt to minimize the payout or deny coverage altogether. For this reason, consulting with a Los Angeles auto accident lawyer can be invaluable. These legal professionals understand the nuances of insurance negotiations and can advocate for you to receive the compensation you deserve.
Additionally, if your insurer engages in unfair practices—such as delaying the claim or denying it without reason—you may have grounds to file a bad faith lawsuit against the company. California law holds insurers accountable for not handling claims fairly under the California Fair Claims Settlement Practices Regulations.
Protect Yourself with Adequate Insurance Coverage
While California law only requires minimum liability insurance, carrying higher limits and additional coverage options like UM/UIM insurance is smart. Los Angeles roads are busy, and the likelihood of encountering an uninsured driver is higher than in other areas. Approximately 17% of drivers in California are uninsured, making UM coverage essential for financial protection.
Consider adding an umbrella policy to your insurance portfolio if you can afford it. Umbrella insurance provides extra liability coverage above the limits of your standard auto policy and helps protect you from significant out-of-pocket expenses in severe accidents.
Legal and Emotional Support
Dealing with the aftermath of an accident with an uninsured driver can take both a financial and emotional toll. Injuries may require long recovery times while navigating insurance claims or lawsuits, which adds stress. Having a knowledgeable injury lawyer near you can alleviate much of this burden by managing the legal process, allowing you to focus on healing.
Los Angeles auto accident attorneys offer free consultations, allowing you to understand your legal options without upfront costs. These consultations are especially helpful for assessing whether to pursue litigation or rely on insurance claims alone.
Our Car Accident Lawyer in Los Angeles is Ready to Help
An accident with an uninsured driver in Los Angeles can present significant challenges, but you have several options to protect yourself and seek compensation. Filing a claim through your UM/UIM policy is often the fastest and most effective way to recover damages. However, pursuing a personal injury lawsuit might be necessary if insurance coverage is insufficient or denied.
Given the complexities involved, consulting with a Los Angeles accident lawyer ensures you receive expert legal guidance and maximize your compensation. Whether negotiating with your insurer or taking legal action, having a skilled attorney can make a difference.
