Injured by an Uninsured Motorist in California? Here’s What You Need to Know
Did you know that in California, roughly 17% of drivers are uninsured? This means that there is a good chance that you could get hurt in a car accident by a driver without insurance coverage. When this happens, who pays your medical bills and your lost wages? The good news is you have legal options, even when the at-fault driver has no coverage.
But, how do uninsured motorist claims work in California, and what compensation can you get?. Whether you have uninsured motorist coverage or not, understanding your rights can make a huge difference in your recovery.
A Riverside car accident attorney at the Knez Law Group, LLP, will help you after getting into a car accident with an uninsured motorist. We know what steps to take, so call our law firm today at (951) 742-7681.
What Is Uninsured Motorist Coverage?
Uninsured motorist coverage (UM) is optional insurance in California that protects you when someone without insurance injures you. While the state doesn’t require you to buy it, your insurance company must offer it when you purchase a policy. Many people skip this coverage to save money, not realizing how common uninsured drivers actually are.
This coverage comes in two types. Uninsured motorist bodily injury coverage pays for your medical bills, lost wages, and pain and suffering. Uninsured motorist property damage coverage handles repairs to your vehicle. These policies kick in when the other driver is completely uninsured or when they flee the scene in a hit-and-run accident.
Do You Have Uninsured Motorist Coverage?
Check your insurance policy right now. Look at your declarations page or call your insurance agent to find out if you have UM coverage and how much. Your policy might show amounts like 25/50, which means $25,000 per person and $50,000 per accident. Higher limits mean better protection.
If you rejected this coverage in the past, you would have signed a waiver. California law requires insurance companies to get your signature if you decline UM coverage. Without that signed waiver, your insurer should provide you with the minimum coverage amounts automatically.
Filing a Claim With Your Own Insurance After an Accident
If you have UM coverage, you’ll file a claim with your own insurance company. This feels backward since you didn’t cause the accident, but that’s how uninsured motorist claims work. Your insurer steps into the shoes of the at-fault driver and pays what they should have paid.
Be honest with your insurance company, but be careful about giving recorded statements without talking to a lawyer first. Insurance adjusters work for the company, not for you. They may try to minimize your injuries or argue that the other driver wasn’t really at fault. Having legal representation levels the playing field.
Your insurance company might lowball your first offer. They’re hoping you’ll accept less than your claim is worth. Don’t feel pressured to take the first settlement, especially if you’re still treating for your injuries. You can’t go back and ask for more money once you sign a release.
When You Don’t Have Uninsured Motorist Coverage
Not having UM coverage makes things harder, but not impossible. You can still sue the uninsured driver personally. The problem is that most people without insurance also don’t have the money to pay a judgment. You might win your case in court, but never collect a dollar.
California also has a program called reimbursement from the California Victim Compensation Board. While CalVCB does not cover routine traffic accidents, it may provide compensation if the uninsured driver committed a violent crime, such as a DUI/drunk driving offense, vehicular manslaughter, or in certain serious hit-and-run crashes. For most non-criminal accidents, however, you must rely on insurance or the at-fault driver. Your health insurance will cover medical bills, though you might face copays and deductibles. If you have MedPay coverage on your auto policy, that can help with medical expenses up to your policy limit.
How Much Compensation Can You Get?
Your compensation depends on your UM policy limits and the severity of your injuries. California law allows you to recover economic damages like medical bills, future medical care, lost income, and property damage. You can also claim non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life.
If your medical bills and losses exceed your UM policy limits, you’re stuck with those limits unless you have underinsured motorist coverage too. This is why buying higher limits makes sense. The cost difference between minimum coverage and $100,000 or $250,000 in coverage is usually small compared to the protection you get.
Insurance companies have teams of lawyers working to pay you less. You need someone on your side who knows California insurance law and won’t back down. A personal injury lawyer in Riverside handles negotiations, gathers evidence, calculates the full value of your claim, and takes your case to court if the insurance company refuses to be fair.
Contact Our Riverside Car Accident Lawyers Today
Don’t wait to take action. Evidence disappears, witnesses forget details, and insurance companies become more skeptical the longer you wait. Contact a Riverside car accident lawyer at Knez Law Group, LLP, as soon as possible after your accident to protect your rights and maximize your compensation.
Contact our law firm today at (951) 742-7681 for a free consultation. You deserve compensation for your injuries, even when the other driver has no insurance. Our experienced attorneys fight to get you every dollar you’re owed.
Matthew J. Knez graduated from the University of Redlands in California with a Bachelor of Arts degree in Creative Writing. He then pursued his law degree at the University of La Verne College of Law in Ontario, California, where he earned various awards, including the CALI Award in Torts, and was on the Dean’s List. During his time in law school, Mr. Knez was a member of the Justice and Immigration Clinic, working with individuals seeking asylum in the United States from countries where they faced persecution or threats of persecution. Additionally, he was an Associate Editor for the Law Review and published an article on California family custody move-away cases. Learn more here.