What to do if You are in a Car Accident with an Uninsured Motorist in Northern California

California law requires drivers to purchase an insurance policy that provides a certain amount of liability coverage. Unfortunately, not all motorists comply with this law, which can have serious consequences for others who are on the road and sustain injuries in an accident. It is still possible for car accident victims to recover compensation for their injuries and losses in these cases, so if you were injured in a crash and do not have insurance, or the at-fault party does not have liability coverage, it is important to contact an experienced car accident attorney who can explain your legal options.

What Does California Law Require Drivers to Carry in Liability Coverage?

For drivers in the Sacramento area, California law requires all drivers to purchase and carry a liability insurance policy that provides at least:

• $15,000 for the injury or death of a single person;
• $30,000 for the injury or death of multiple people; and
• $5,000 for property damage.

These types of policies compensate those who are injured as a result of the policyholder’s actions. However, these are only minimum requirements, so many drivers choose to purchase additional coverage to ensure that they are not held personally liable in the event of injuries in an accident.

What is Uninsured/Underinsured Motorist Coverage?

 In addition to regular liability insurance, most insurers offer uninsured/underinsured motorist policies, which cover injured parties in the event that a driver either does not have liability insurance or has a policy that does not cover the full cost of a victim’s damages, which is also referred to as being underinsured.

Specifically, uninsured motorist bodily injury coverage pays for injuries to the policyholder, as well as anyone else in his or her car who is injured in an accident by an at-fault uninsured driver. Similarly, uninsured motorist property damage policies pay for damage to the insured’s car when involved in a collision with an uninsured driver. In most cases, these types of policies are limited to $3,500 and only apply if the at-fault driver is identified. Finally, underinsured motorist policies cover certain costs for bodily injury to help supplement the at-fault party’s insurance, if his or her coverage is not enough to pay for the damage.

Not all drivers carry uninsured/underinsured motorist policies, and those that do may still come up short if they sustain a serious injury in an accident, as most uninsured motorist policies have the same limits as the policyholder’s liability insurance. This means that even those who have uninsured policies and are injured by an uninsured driver could end up having to pay medical bills out of their own pocket if the cost of treating their injuries exceeds these limits.

Fortunately, in these cases, and in situations in which an accident victim is injured by an uninsured driver and does not have uninsured/underinsured driver coverage, the injured party could still be eligible to recover damages by filing a claim against the at-fault party in court. However, it is important to keep in mind that drivers with uninsured motorist coverage who are injured by an uninsured driver and who file a claim against the at-fault driver in court, may not be eligible to recover compensation from the insurer under the policy, or may be required to pay some of it back if they have already received a payment. These situations are complicated, so it is a good idea to speak with a car accident attorney at the Wyatt Law Corporation before taking any legal action on your own.

In the Sacramento Area, Can I File a Lawsuit Against an Uninsured/Underinsured Driver?

In some cases, the only recourse for drivers who do not have uninsured/underinsured motorist coverage and who are struck by a motorist without insurance is to file a lawsuit against that person in court. Although they may be unable to recover the entire amount of their losses, this is often the only opportunity to collect compensation to cover the costs of:

• Past and future medical bills for injuries sustained in the car accident;
• Property damage from the car accident;
• Lost wages; and
• Loss of future income.

These types of damages, which are known as economic damages, are intended to help make a victim whole by covering all easily quantifiable losses. However, successful plaintiffs are also often eligible to recover non-economic damages, which compensate accident victims for losses that are more difficult to put a price on, such as physical pain and suffering, emotional distress, and disfigurement. In California, there generally is not a limit on the amount of non-economic damages that a car accident victim can collect.

However, there are a few exceptions to this rule, when a court will refuse to award an injured party non-economic damages, even if the at-fault driver was insured. For instance, accident victims who are convicted of a DUI in connection with the same crash are not eligible for non-economic damages. Similarly, injured parties who were also driving, or owned, the vehicle that was involved in the collision, but were uninsured, cannot recover these types of damages. The only exception to this rule is in cases in which the at-fault driver is also convicted of a DUI in connection with the collision. In these cases, even uninsured drivers can collect compensation for pain and suffering.

Can I Still Recover Damages if I was Partly at Fault for the Car Accident?

California is a comparative negligence state, which means that injured parties in a car accident who contribute to their own accidents are not automatically barred from recovering damages. However, the amount they are able to recover will be limited by their degree of fault, so if a plaintiff is found to have been 20% at fault for an accident, he or she can expect to have the award reduced by 20%.

If You Were Injured in a Car Accident, Contact the Legal Team at the Wyatt Law Corporation Car Accident Attorneys For a Free Consultation

Filing any type of car accident claim in Sacramento or elsewhere in Northern California is often difficult when you haven’t done it before. This is doubly true when the at-fault party is also uninsured, so if you were injured in a collision with an uninsured or underinsured driver, you need the advice of Sacramento car accident attorneys who can ensure that your rights and interests are protected. Keep in mind that we don’t charge for the initial consultation.  To speak with one of the car accident attorneys at Wyatt Law Corp about your own accident, please call or chat today.