Insurance and Legal: Should You Sue an Uninsured Driver?
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Insurance is necessary for almost anything because it protects you from financial loss if something goes wrong and helps you pay for unexpected costs. Because of this, many people are encouraged to get insurance. For most people, car insurance is the first thing they get because it's required by law in most states. However, there are some cases where drivers without insurance get in an accident.
Table of Contents
- Is It Worth Suing an Uninsured Driver?
- Dealing with an Uninsured Driver
- What Are Your Options?
- What to Do If the Other Driver Leaves the Scene
- What to Do If the Other Driver Is Uncooperative
- Protecting Yourself on the Road
- Conclusion
If you get into an accident with a driver who doesn't have insurance, it's a massive problem because you can't file a claim with their insurance company to pay for damages. You may also have to pay for damages out of your pocket, which is already a nuisance. Because of this, one must know how to handle the issue to prevent further problems.
Is It Worth Suing an Uninsured Driver?
Suing an uninsured driver is complex, and it's not worth it in most cases because it's often challenging to collect on a judgment. Beyond that, going through the legal process is costly and time-consuming. If the driver who hit you only has a few hundred dollars in assets and no job, you won't be able to get any money from the lawsuit. This is why it's only worth suing an uninsured driver if they have considerable assets.
If you decide to sue an uninsured driver, you can file a personal injury lawsuit to get damages for your injuries and property damage. You can also file a separate lawsuit to get a court order that requires the driver to pay for damages. However, this is a complicated and lengthy process, so you should consult with an attorney to see if this is the best option for you.
Dealing with an Uninsured Driver
If an uninsured driver hits you, you may wonder what to do next. The best thing you can do is remain calm and not let emotions get the best of you. You should also call the police and file a report. Once the police arrive, they will talk to both parties and get information from witnesses. They will also take pictures of the accident scene and vehicle damage. The police report will be vital if you file a claim with your insurance company.
If you're injured, you should seek medical attention right away. Even if you don't think you're injured, it's essential to get checked out by a doctor because some injuries, such as concussions, may not be immediately apparent. Once a doctor has seen you, you should contact your insurance company and file a claim. Your insurance company will likely require you to complete a lot of paperwork and may even require you to get a police report.
If your insurance company denies your claim, you can file a lawsuit against the other driver. However, this is a complicated and lengthy process, so you should consult with an attorney to see if this is the best option for you.
What Are Your Options?
If you get in an accident with an uninsured driver, here are some of your options:
Uninsured Auto Insurance Policy
You can file a claim with your insurance company if you have an uninsured auto insurance policy. Your insurance company will pay for the damages to your vehicle and any medical bills you incur due to the accident.
Uninsured Motor Insurance Policy
Suppose you ride a motorcycle and get in an accident with an uninsured driver. In that case, you can file a claim with your motorcycle insurance company if you have an uninsured motor insurance policy. Your insurance company will pay for the damages to your motorcycle and any medical bills you incur due to the accident.
MedPay Coverage
If you have MedPay coverage, it will pay for any medical bills you incur due to the accident. MedPay is insurance coverage that pays for medical expenses regardless of fault, so it will benefit anyone.
Working with a Lawyer
Accidents are usually nasty, and getting in one with an uninsured driver will complicate things further. For one, the other driver may not have enough money to pay for your damages, and your insurance company may not pay for the damages you incur. When this happens, working with a lawyer is your best option because they can help you throughout the entire process.
However, you should take your time when looking for a lawyer because you will be working with them for the duration of the case. Because of this, you need to find a lawyer with extensive experience and who has previously handled similar cases. The lawyer should also be easy to work with and explain the legal process in detail so you can understand it.
What to Do If the Other Driver Leaves the Scene
The other driver may leave the scene when an accident happens, known as a hit and run. When this happens, you will want to call the police, and you will want to get the license plate number of the other driver. If you cannot get it, you will want to get a description of the car and the driver.
If you cannot get the information, you will want to call the police, and you will want to call your insurance company. You will want to tell your insurance company that the other driver left the accident scene.
What to Do If the Other Driver Is Uncooperative
If the other driver is uncooperative, you will want to call the police, and you will want to get the license plate number of the other driver. If you cannot get it, you will want to get a description of the car and the driver. If you cannot get the information, you will want to call the police, and you will want to call your insurance company. You will want to tell your insurance company that the other driver is uncooperative.
Protecting Yourself on the Road
There are a lot of things that you can do to protect yourself on the road. One of the most important things you can do is always be alert. You need to pay attention to the road, and you need to pay attention to the other drivers around you. You also need to ensure that you're not driving under alcohol or drugs.
You should also wear your seat belt because it prevents you from becoming ejected from the vehicle during an accident. Keeping your car in good working condition is also essential to prevent accidents, and the easiest way is by checking the tires, mirrors, and lights.
Above all else, you should remember to purchase insurance because it will protect you financially if you're ever involved in an accident. It's best to find auto insurance that covers you in case of an accident, but it's also good to find one that covers you in case of theft, vandalism, and other damage.
Conclusion
Dealing with uninsured drivers will be a long process, but you should make sure you're prepared. You may need to work with the police and a lawyer to get compensation, so you must have all of your paperwork in order. Above all else, you should know your rights and the insurance company's obligations to ensure you get the compensation you deserve.
If you’re looking for auto accident lawyers in Los Angeles, Mendez & Sanchez Law can help you! Our legal professionals also specialize in other areas such as personal injury, motorcycle accidents, and workers’ compensation to ensure you get the compensation you deserve. Reach out today and allow us to assist you!
Frequently Asked Questions
How long do I have to sue an uninsured driver in California after a car accident?
In California, you generally have two years from the date of the accident to file a personal injury lawsuit against an uninsured driver, under California Code of Civil Procedure Section 335.1. If the accident also caused property damage, you have three years to file that separate claim under CCP 338. Missing these deadlines almost always means losing your right to sue entirely, so it's critical to speak with an attorney as soon as possible after the accident.
What happens if I don't have uninsured motorist coverage and get hit by someone with no insurance in California?
Without uninsured motorist (UM) coverage, your options become significantly more limited — you would need to rely on MedPay coverage if you have it, pay out of pocket for medical and repair costs, or pursue a personal injury lawsuit directly against the at-fault driver. California law requires insurance companies to offer UM coverage to every policyholder, but drivers can waive it in writing, which is a decision many later regret. If you're in this situation, consult a personal injury attorney immediately to assess whether the uninsured driver has sufficient assets to make a lawsuit worthwhile.
Can the uninsured driver who hit me be arrested or face penalties beyond just paying for my damages?
Yes — in California, driving without insurance is a civil infraction under California Vehicle Code Section 16029, which can result in fines between $100 and $200 for a first offense and up to $500 or more for repeat violations, plus license suspension. The responding officer can also have the uninsured driver's vehicle impounded. These penalties are separate from any civil lawsuit you file to recover compensation for your injuries and property damage.
My insurance company is offering me a low settlement after I was hit by an uninsured driver — is that normal and should I accept it?
Unfortunately, low initial settlement offers are common, even from your own insurance company under an uninsured motorist claim, because insurers have a financial incentive to minimize payouts. You are not required to accept the first offer, and in California you have the right to negotiate or dispute the amount through arbitration, which is often required under UM policies before litigation. A personal injury attorney can review your policy, calculate the full value of your damages — including medical bills, lost wages, and pain and suffering — and negotiate on your behalf to make sure you're not leaving money on the table.
What is the biggest mistake people make after getting into an accident with an uninsured driver in California?
The single biggest mistake is failing to call the police and obtain an official accident report, which becomes essential evidence when filing a claim with your own insurance company or pursuing a lawsuit. Many people also make the critical error of not seeking medical attention immediately, which allows insurers to argue that injuries were not serious or were unrelated to the accident. A third common mistake is verbally agreeing not to involve insurance or police — a deal that rarely holds up and leaves injured victims with no legal recourse.
If I win a judgment against an uninsured driver in California, what actually happens if they still can't pay me?
Winning a judgment does not guarantee you'll see any money — if the uninsured driver has no significant assets, steady income, or property, collecting can be extremely difficult. However, a California civil judgment is enforceable for 10 years and can be renewed, meaning you can pursue wage garnishment, bank levies, or liens on property if the driver's financial situation improves in the future. An attorney can help you conduct a debtor's examination under California Code of Civil Procedure Section 708.110, which forces the driver to disclose their assets and income under oath.
Does California's pure comparative fault rule affect how much money I can recover if the uninsured driver and I were both partially at fault?
Yes — California follows a pure comparative fault system under California Civil Code Section 1714, which means your compensation is reduced by your percentage of fault, but you can still recover damages even if you were mostly at fault. For example, if you were found 30% at fault and your total damages are $100,000, you would still be entitled to $70,000. This rule applies whether you're suing the uninsured driver directly or filing a claim under your own uninsured motorist policy, making it important to work with an attorney who can build a strong case minimizing your assigned fault percentage.