What to do in California if Hit by Uninsured Driver
Provided by HG.org
There are times when accidents with other drivers could cause devastating consequences, and these often occur when he or she has no insurance to protect against collisions. In California, it is important to that the driver not at fault has enough insurance to cover both his or her damage and physical injury in case other insurance coverage fails to help.
In usual traffic incident circumstances, the at fault driver has insurance that pays for damages and takes care of injuries. All monetary and healthcare damages removed through the other insurance carrier are no longer an issue when the driver at fault has coverage. However, in California, just over fifteen percent of drivers on the road or in traffic has no insurance coverage at all. When these incidents occur, many vehicle operators are confused as to who pays when no other insurance is available by the at fault driver. Then, it becomes complicated to resolve these matters in California.
The Necessary Insurance Coverage
There are two extra policies an insurance carrier provides in cases where the other driver may not have enough or any insurance. These are the uninsured and underinsured motorist policies. The uninsured takes care of those without any coverage. The underinsured is for times when the at fault driver does have a policy but it is not enough to cover damages, injuries or other matters. One of the drawbacks is that the insurance company may not be willing to payout full compensation so that a full recovery is possible without intimidation of a lawyer. These legal professionals may need to communicate with the carrier to ensure a full settlement covers all expenses and issues.
Insurance and the Policy
Before accidents and insurance cover damages and injuries, the driver needs to ensure he or she has enough coverage to take care of these issues. A call to the carrier may remove any worry about the problem. In California, it is important to have a well-covered policy due to the sheer number of drivers on the roads. The company will usually perform an investigation into the incident. The collision and all evidence are brought to the adjuster or he will visit the vehicle after the accident. An offer calculated after this initial assessment is then sent to the driver not responsible for the collision.
When the policy does not contain either the uninsured or underinsured motorist, the driver will find these situations more difficult to navigate. He or she must contact law enforcement. This will provide a police report. Information exchange with the other driver is essential. An assessment of repairs is next. Then, the individual must contact a lawyer for assistance. The legal representation is often the last step before seeking compensation against the at fault driver. When he or she has no insurance or not enough for a recovery, the lawyer may provide a means to acquire the monies.
Recovering from the Incident
Before a full recovery is possible after being hit by an uninsured driver, the individual may need to hire a lawyer. Acquiring the damages owed is often a complicated matter when the other driver does not have any insurance or has let his or her policy lapse. Additional problems arise when the at fault driver is unable to pay for the damages. Through California Vehicle Code, the at fault driver may have his or her license suspended after a certified copy of a judgement against him or her is sent to the Department of Motor Vehicles.
The victim of the collision may seek to pursue other action when damages cannot transfer to him or her from the at fault driver. The license may remain suspended until either the individual supplies proof of financial responsibility in these situations or the judgement of damages has been satisfied. Without the use of legal representation, this action is not easy to pursue. The driver may need to contact his or her insurance to cover damages. Unfortunately, this may increase premiums when another insurance company does not provide funds.
Legal Help in California for Collisions
When the other driver has no insurance to cover the damages, it is often time to seek legal help. A California lawyer may pursue an aggressive action against the at fault driver. This could provide the funds necessary to recover, or it could lead to a judgement against him or her. Evidence is necessary to ensure the claim is strong, and the lawyer may help in gathering or explaining what is needed.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.