Although California law makes drivers financially accountable for any injuries or property damage they cause in an automobile accident, not all drivers have auto insurance.
Despite the fact that different states have different rules and regulations, there are still a significant number of uninsured motorists on the road. Actually, these situations are all too regular, what with over 30,000 annual car accidents in California and over 13% of American drivers operating their vehicles without insurance.
A victim of an accident caused by an uninsured driver may still have questions about what to do and how to seek compensation. Beckerman Anderson’s Orange County automobile accident lawyers are here to help if you’ve been injured in a collision with a driver who was either underinsured or uninsured in California.
Mandatory Auto Insurance Coverage in California
In order to register a vehicle in the Golden State, drivers must carry at least $15,000 in bodily injury liability coverage per person, $30,000 in bodily injury liability coverage per accident, and $5,000 in property damage liability coverage per accident.
Without these types of insurance coverage in California, a driver is breaking the law every time they get behind the wheel.
You, the driver or passenger who was injured as a result of the at-fault motorist’s negligence, will not be compensated for your losses by the fines that the state of California may assess against the at-fault motorist who is uninsured for failing to obtain insurance.
You might be able to sue the driver anyway but remember that if they don’t have insurance, they generally don’t have the cash to pay your losses. California’s statute of limitations applies, so you should not delay contacting an attorney to discuss your options following such an accident.
Filing a Claim For Accident Damages in California
Your lawyer will file a lawsuit seeking compensation for your accident losses in California, as there is no insurance company to negotiate with. Your claim alerts the court that you intend to file a lawsuit against the party responsible for your injuries and seek financial restitution.
An experienced lawyer can help you investigate and analyze the details of the accident to bolster your claim. After that, your lawyer will build a solid case for your right to compensation using the laws applicable to your situation and the facts and evidence unique to your case.
The defendant is obligated to respond to your claim at this time. If they don’t, you’re entitled to a decision as soon as the case is heard.
The discovery procedure will begin once the defendant has responded to your claim. During discovery, both parties are given access to each other’s potentially relevant documents and information. Witnesses can be questioned formally by both parties in a deposition.
Depositions, which are statements made under oath, are particularly useful for this purpose. The discovery phase allows your attorney to learn more about the incident that led to your personal injury claim in California.
Uninsured Drivers and Car Crashes in California
Just as you would if an insured driver had caused the collision, you should make a claim if an uninsured driver was to blame. Examples of what to do (and avoid) are as follows:
- Contact the police about the accident involving the uninsured or underinsured driver. Every incident, no matter how trivial, must be reported and documented. You should also report the incident to your own insurance company.
- Please see a doctor as soon as possible. Even if you don’t think your injuries are serious, you should still be checked out.
- Get estimates for any work that must be done on your car. If you rely on your automobile for getting around town on a regular basis, getting it mended after an accident is a must, regardless of whether or not the other driver has insurance to cover the costs.
- Don’t take the blame or admit wrongdoing. Under no circumstances should you offer an apology or take responsibility for your crash. Statements of guilt or partial acceptance of culpability could be used against you by the at-fault motorist or their attorney.
- Don’t sign anything before talking to an attorney. You should always consult a lawyer before accepting an uninsured driver’s commitment to pay for your damages out of their own money.
Last but not least, don’t expect the worst. These situations are notoriously difficult, but compensation is not out of the question. Your lawyer will help you weigh the pros and cons of each possible course of action when you meet with them.
Proof Required in a California Personal Injury Claim
Remember to compile evidence, as was suggested earlier. If you’re in an auto accident, photograph the scene and your injuries. Take pictures of the area around you, including the road and any signage that may be helpful.
Write down your thoughts and observations on the crash and the circumstances leading up to it while they are still vivid in your mind. It is essential to keep as many clues and pieces of evidence as possible.
Finally, make sure the incident is reported quickly. The investigative authority will record the incident formally, which could be the police or the California Highway Patrol in your area.
Contact Beckerman Anderson in Orange County
Beckerman Anderson’s Orange County personal injury attorneys can advise you on what to do after an accident with an underinsured or uninsured driver and how to construct your case.
Our team at Beckerman Anderson is well-versed in auto accident lawsuits, which are currently the most prevalent type of personal injury litigation in our courts.
If you or a loved one has been involved in an automobile accident, you should consult attorneys who often handle such situations in order to safeguard your legal rights. Compensation could be provided for things like medical bills, broken property, lost wages, and emotional distress. Get a free case review and consultation with one of our Orange County car accident lawyers by calling 949-409-4242 today.
