Alarmingly, a 2023 study by the Insurance Research Council showed that in 2022, nearly 14% of drivers (or 1 in 7) lacked car insurance, significantly increasing the risk of encountering an uninsured motorist in an accident.
Minimum Liability Insurance Requirements in California
In California, all drivers are required to carry minimum liability insurance to legally operate vehicles on public roads. For private passenger vehicles, commercial and fleet vehicles, the minimum liability insurance requirements in California are:
- $15,000 for injury or death of one person in an accident.
- $30,000 for injury or death of more than one person in an accident.
- $5,000 for damage to property in an accident.
This basic coverage, often referred to as 15/30/5, ensures that drivers have financial protection in case they cause harm to others or damage to property while driving.
All vehicle owners and operators should review their insurance policies regularly to ensure compliance and adequate coverage based on their specific needs and usage.
Legal Options for Compensation
If you find yourself in a situation where the at-fault driver is uninsured or underinsured, you still have legal avenues to pursue compensation:
File a Lawsuit Against the At-Fault Driver
Pursue a civil lawsuit directly against the uninsured or underinsured driver who caused the accident.
Through this, you can seek compensation for various damages including medical expenses, property damage, pain and suffering, and lost wages. This is done through litigation to obtain a judgment that holds the negligent driver financially accountable for your losses.
Utilize Uninsured/Underinsured Motorist (UM/UIM) Coverage
Depending on your insurance policy, UM/UIM coverage can step in to provide compensation. This coverage helps cover expenses that exceed the limits of the at-fault driver’s insurance or when they have no insurance at all.
You can claim benefits under your own policy for medical bills, lost income, and other accident-related costs.
Explore Personal Assets of the At-Fault Driver
In some cases, if the uninsured or underinsured driver has personal assets, you may pursue compensation by targeting those assets. Legal action can be taken to enforce a judgment against the driver’s personal property, bank accounts, or other assets.
Seek Compensation from Other Sources
Depending on the circumstances, there may be other avenues for compensation. For example, if the accident occurred due to a defect in road maintenance or a faulty vehicle part, liability may extend to other parties such as government entities or manufacturers.
Consult with a Personal Injury Attorney
A skilled Burbank personal injury lawyer specializing in uninsured motorist claims can assess your case and recommend the best course of action. They can negotiate with insurance companies, prepare legal documents, and represent your interests in court if necessary. Legal counsel ensures that all potential avenues for compensation are explored and that your rights are protected throughout the claims process.
Steps to Take Immediately After an Accident
Here are the steps to take immediately after an accident involving an uninsured or underinsured driver:
- Report the accident promptly to the police and your insurance company.
- Ensure everyone involved receives necessary medical attention as a priority.
- Provide factual details without admitting fault to ensure accurate documentation of the incident.
- Document the scene thoroughly by taking photos of vehicle damage, injuries, and any contributing factors like road conditions or signage.
Conclusion
Dealing with an accident involving an uninsured or underinsured driver can be overwhelming.
Make sure you prioritize safety, keep good records of everything that happened, and use resources like UM/UIM coverage and legal advice. This way, you can face this tough situation with more confidence.
Getting help from a lawyer quickly ensures your rights are protected and helps you get the money you need to recover from your injuries and the damage done.
