California follows a fault-based approach to insurance which means the party responsible for causing the accident is liable for damages resulting from accidents they cause.
Every driver in California must carry at least 15/30/5 in insurance coverage. A minimum of $15,000 per every person injured in an accident. The minimum requirement is two people at $30,000 and $5,000 worth of damages to the other party’s car or property.
“Driving without minimum coverage on California roads is a criminal offense punishable by fines and potential license suspension. Unfortunately, California has the highest number of uninsured drivers on the road of all the United States, even with the laws and the prescribed penalties,” says attorney Jimin Oh of Solution Now Law Firm.
First Things First
This means that being on the road is a constant risk of getting in an accident. The question in the mind of many people that get into an accident with an uninsured driver is if they can recover compensation for their damages. The simple answer to the question is yes. But it is dependent on actions you take after the accident.
Recovering compensation should not be the first thing on your mind after an accident. Getting medical attention should be. So it’s important to call 911. If you cannot, there is a high chance someone else will. A 911 call brings the police and paramedics to the scene. While the paramedics attend to the injured, the police will be gathering evidence that will be critical in establishing fault.
Irrespective of the perceived severity of injuries, it is a good idea to see an ER doctor after the initial checkup by the paramedics at the scene. A checkup at the ER helps rule out the chances of hidden injuries or catch them in time before they become a big problem. Also, the medical records obtained can help link an accident to your injuries and provide the documentation necessary to build your case.
Gather Evidence at the Scene and Report the Accident
As you await help at the scene, it’s a good idea to document it by recording video footage and taking pictures. Video and pictures will serve as additional evidence to collaborate the police report.
It would help if you also considered gathering witness testimonies and contacts. The law obliges the at-fault party to share their contact details, so you should also consider getting that information. As you interact with them, avoid being confrontational. If they are unwilling to collaborate, you do not have to keep pushing, as that would escalate an already bad situation. The best option would be to wait for the police and voice your complaint.
Most insurance policies have a clause requiring policyholders to report all accidents even when they are not at fault. So, ensure that you report your accident as soon as you can. If you had comprehensive coverage, there is a chance you could recover property damage from your insurer, who may then go after the uninsured driver to recover the damages.
Get a Lawyer
If you had minimum coverage, you might be on your own, but you could still file a claim against the at-fault driver, in which case you would need to work with a lawyer.
Unfortunately, most uninsured drivers may be unable to pay for damages even when proven liable for the accident.
So it’s a good idea to have personal injury protection (PIP) or Uninsured Motorist (UM) coverage on top of your standard coverage to ensure you are covered in an accident involving an uninsured driver.
