Getting hit by an uninsured driver in California is stressful. When you are dealing with injuries, car damage, and bills, the last thing you need is finding out that the at-fault driver has no insurance. If this happens to you, you still have several ways to recover compensation.
Uninsured motorist coverage
Your best protection is your uninsured motorist (UM) or underinsured motorist (UIM) coverage. Insurance companies must offer you this coverage under California law. If you have UM coverage, you can file a claim with your own insurer for:
- Pain and suffering
- Medical expenses and ongoing treatment
- Lost wages and reduced earning capacity
- Other damages (if you bought extra coverage)
Your insurance company steps in for the uninsured at-fault driver. They compensate you up to your policy limits. Since you were not at fault, this would not increase your premiums.
Suing the uninsured driver
Another option is to file a personal injury lawsuit against the uninsured driver personally. If successful, you may receive a judgment for your damages. However, there is one important caveat. Most uninsured drivers lack insurance because they simply cannot afford it.
Recovering compensation from a driver with few assets is often difficult or impossible. Conversely, if the driver has significant assets, property or future earnings potential, pursuing legal action may be worthwhile.
Other coverage sources
For healthcare-related expenses, there may be other ways to protect your finances. For example, medical payments coverage (MedPay) can offer quick relief. This type of coverage provides immediate payment for medical bills regardless of fault. It can offer quick relief while you pursue other claims.
Additionally, review your health insurance coverage. Your health insurance should cover accident-related medical treatment. However, if you recover a settlement, you may need to reimburse your health insurer.
When to seek legal advice
If your personal injury case is serious or you receive a UM claim denial, consider contacting a legal professional. Complex cases may require tailored legal strategies and direction. Review your insurance policy today and consider adding extra protection against uninsured drivers.
In California, you generally have two years from the date of the crash to file a personal injury lawsuit. You may need to act much sooner to receive the compensation you deserve after an accident.