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How Does Uninsured Motorist Coverage Work in California?
Many motorists in California are uninsured (or underinsured), and if they have an accident with you, you will usually be left “holding the bag” to cover your damages and medical bills, even if the other driver is at fault.
Your auto insurance bodily injury coverage may pay your medical expenses and the cost of repairs to your vehicle, usually up to $3,500.
California state law does have strict requirements for car insurance and mandates that you must maintain a minimum of “15/30/5” liability insurance that will pay the following:
- Commonly, up to $15,000 for bodily injury coverage or if another person is killed.
- A payment of $30,000 for the total bodily injury expenses per accident; this covers all the people involved in the incident.
- $5,000 for physical damage (collision coverage) to the other driver’s car or truck.
You must note that even though the state of California mandates that you must have insurance to drive your car, far too many drivers don’t have insurance or not enough. In today’s world, the “15/30/5” minimum is often not enough to cover all your expenses after a car accident.
It’s true that if you carry uninsured motorist coverage, it usually will allow you to cover some of your damages, medical bills, car repair bills, etc., but rarely is enough if your accident and injuries are severe.
Suppose you have an accident with an uninsured driver. In that case, the best action is to consult a highly experienced and knowledgeable car accident lawyer. Hence, all your legal options are clear, and you can obtain the total compensation you need.
What Are Some Benefits of Having Uninsured Motorist Coverage in California?
With 1 in 5 California drivers uninsured, there are many reasons you should obtain uninsured motorist coverage, some of which include:
- By carrying uninsured motorist coverage, you can have the peace of mind that if you have an accident with an uninsured driver, at least some of your expenses will be covered.
- You usually will not get stuck paying unexpected and expensive medical bills due to your accident with an uninsured driver.
- You can try to work with your insurance company to file your uninsured motorist claim and determine whether you must also file a personal injury lawsuit against an uninsured, at-fault driver.
- Your uninsured motorist coverage will usually provide quick payment for your immediate medical expenses and possibly some ongoing care.
That said, there are many sound reasons to convince most California drivers to purchase uninsured motorist coverage. However, the associated cost is the main drawback of adding UMC to your auto policy. Auto Insurance is already very costly in the state, and everything you add will only increase that cost. You usually expect to pay about 5% to 9% more to add UMC to your policy.
However, it’s vital to consider what would happen if you do not have uninsured motorist coverage and are involved in an accident with another driver who isn’t insured.
Just some of the things that might occur are:
- You would be billed directly for emergency services at the scene.
- If you try to use your health insurance, your claim will most likely be denied, or you will only pay a small part of your expenses.
- You could lose a month or more of work but may only have 5 or 6 sick days of coverage.
- You cannot file a damages claim with any other insurance company, so you must work with your company; therefore, your high rates will most likely increase.
What May Happen to an Uninsured Driver If They Have an Accident?
When this occurs, and the driver who hit you wasn’t insured (or underinsured) for the accident they caused, the result is still the same. The motorist who caused your accident is liable for at least some, if not all, of the losses and injuries they caused.
As stated, all drivers in California must carry minimum liability coverage on their auto insurance policy. However, if the at-fault driver isn’t covered or underinsured, they still may be liable. But where will the funds come from to cover all the damages and medical bills you’ll incur?
In many cases, the uninsured driver must pay your damages out of pocket. They can also be forced to pay legal fees for any lawsuit you may file. In a worst-case scenario, if you are severely injured or someone is killed, they may even face criminal charges.
In California, driving without auto insurance is usually a misdemeanor offense. Therefore, the uninsured motorist can face fines. On their first offense, this fine could be between $200 and $500. If they have more than one offense, they could pay thousands of dollars in fines, have their vehicle impounded, and face up to six months in jail.
The California DMV could suspend the at-fault driver’s license if they do not pay for the fines or damages that the accident caused.
So, there are serious repercussions, but where does that leave you? All insurance companies historically only pay what they must. Therefore, if you’re involved in an uninsured motorist accident, it’s always wise to obtain professional advice as soon as possible.
Your skilled car accident lawyer will analyze your case and provide you with the best-suited legal means to get the compensation you deserve and need.
Am I Legally Able to File a Lawsuit Against an Uninsured Driver that Caused My Accident?
The simple answer is yes, you can. Considering the cost of repairs, medical bills, lost wages, and more, this is probably the best move you can make. If the other driver has no insurance, you almost always have the option to file a lawsuit against them to get the funds you and your family need to recover and thrive.
Of course, the specific circumstances of your accident must be determined, as every case differs. However, in most uninsured motorist cases, you can file a personal injury car accident lawsuit to obtain compensation for your medical bills, property damage, lost wages, pain and suffering, and more.
There are exceptions, but in California, you can sue an uninsured driver if:
- You or your family suffered actual damage or injuries from your accident.
- The uninsured driver was negligent and at fault for the incident.
- Their negligence directly or partially caused injuries or property damage.
It’s vital to note that California is a fault-based state, and the driver “at fault” is responsible for paying for the resulting damage.
Additionally, if the at-fault driver is uninsured or underinsured and does not have sufficient assets to cover all your damages, etc., then your passionate, experienced car accident lawyer will fight to seek full compensation from your own insurance company.
I’ve Had an Accident With an Uninsured Driver in California; How Should I Proceed?
Of course, every case differs, but if you’ve had an accident with an uninsured driver, you must have the professional guidance you need to move forward.
All accidents are stressful enough, but if an uninsured driver has injured you or a loved one, you need thorough, dedicated, and attentive legal counsel to get the positive outcome you need.
The highly skilled, experienced, and empathetic car accident lawyers at the Weinberger Law Firm are aware that most people don’t want to file a lawsuit for damages or injuries after an accident; however, there are critical times when this is the only means available to get the complete and total compensation you need and deserve.
Call them today at 916-520-0476 for a free consultation on your case. They will thoroughly analyze your case, fully explain all the legal options available to you, and professionally and aggressively fight to recover the total compensation you rightfully need and deserve.
