Although it is true that drivers in the state of California are obligated to have auto insurance and are liable for any damages or injuries they cause in the event of a motor vehicle accident, it is also true that not all drivers adhere to the proper rules and regulations of our state’s roads.
Regardless of our various laws and regulations throughout the nation, there are undoubtedly a lot of uninsured drivers on the road today. In fact, with well over 30,000 car accidents happening in California each year and nearly 13% of American motorists driving without insurance, these incidents are all too common.
Still, an accident victim may have concerns about what to do and how they might get compensation when an uninsured motorist causes the collision. If you’ve been involved in a crash with an underinsured or uninsured motorist in California, Beckerman Anderson’s car accident attorneys in the Orange County area are ready to assist you.
Requirements For Car Insurance in California
Drivers are required by law to have $15,000 in bodily injury coverage per individual in California, $30,000 in bodily injury liability coverage per accident, and $5,000 in property damage liability coverage per accident in order to register a vehicle in the state of California.
A motorist is driving their vehicle unlawfully if they do not have these forms of insurance.
While the state of California may levy fines against an at-fault motorist who is uninsured for failing to get insurance, these fines will not provide you—a driver or passenger hurt as a consequence of their negligence—any recompense for your injuries.
Although you may still be able to sue the motorist directly for damages, it’s important to remember that if they don’t have insurance, they probably won’t have the money to cover your claim. What’s more, California’s statute of limitations does apply here, so you’ve got limited time to consult an attorney and determine your next steps after such a crash.
How to File a Claim For Damages in California
With the help of your attorney, your claim will be supported by a thorough investigation and in-depth study of the facts surrounding your crash. After that, your attorney will use the relevant or connected laws and the facts and evidence in your case to create a strong case for your right to be reimbursed for your injuries and other losses.
At this point, the defendant is required by law to respond to your claim. If they don’t, the court will immediately grant you a judgment.
In the event that the defendant has answered your claim, the discovery process will start. Discovery enables both parties to examine one other’s potentially relevant information and evidence. Depositions also provide both sides the opportunity to question witnesses formally.
Depositions, which are given under oath, are especially helpful for gathering solid evidence. Your attorney will use the information gathered during discovery to strengthen the initial claim put out at the start of the personal injury claim process in California.
Car Accidents with Uninsured Motorists in California
If an uninsured motorist causes your crash, you should file a claim just as you would if an insured driver caused the accident. Actions to take (and not take) include:
- Report the collision involving the uninsured motorist to the police. Even minor accidents or fender benders need to be reported and recorded.
- Notify your own insurance provider of the collision.
- Visit a medical professional as soon as you can. You should still seek treatment even if you feel your injuries are minor.
- Start looking into any necessary vehicle repairs. Even if you’re unsure of how you’ll pay for your vehicle’s repairs if the other driver doesn’t have insurance, you should still have your car fixed, particularly if you depend on it for daily transportation.
- Do not hesitate to contact an attorney in California. After an accident, a lawyer can advise you on what to do and what not to do and may begin the case-building process right away.
- Don’t accept responsibility or fault. Never, under any circumstances, apologize or accept any part of the blame for your crash. The at-fault driver or their attorney may try to use statements of guilt or a partial acceptance of fault against you.
- Don’t consent to a settlement without consulting a lawyer. Never accept an uninsured driver’s promise to pay for your losses out of pocket without first having an attorney review their offer.
- Don’t assume the worst; despite the difficulty of these cases, compensation is still possible. When you meet with your lawyer, they will help you explore all of your legal options.
Personal Injury Claim Evidence in California
As mentioned previously, don’t forget to gather your evidence. If you are in a vehicle accident, for instance, take pictures of the accident scene and your injuries. Get photos of your surroundings, including the roadway and any relevant signs.
While they are still fresh in your memory, jot down notes about the crash and the events leading up to the accident. Preserving as many details and pieces of evidence as possible is crucial. Last but not least, the accident should be reported as soon as possible. The investigating authority, like your local police department or California Highway Patrol, will officially document the event.
Call Beckerman Anderson in Orange County
Our Orange County personal injury attorneys at Beckerman Anderson can provide you with invaluable advice regarding what to do following a collision with an underinsured or uninsured motorist and how to build your case.
The most common sort of personal injury case in our courts right now is an auto accident lawsuit, and our team at Beckerman Anderson is experienced in handling these cases. Seek advice from lawyers who focus on handling auto accident cases if you or a loved one has been in a car accident in order to protect your legal rights. Medical expenses, property damage, missed pay, and pain and suffering may all be covered. Contact our auto accident lawyers in Orange County at 949-409-4242 for a free first consultation and evaluation of your accident claim.
