Being involved in a car crash can be confusing, but it can be downright frustrating when you discover that the driver responsible for the accident doesn’t have insurance. Unfortunately, this is not an uncommon problem here in the Golden State. According to the Insurance Information Institute, roughly 17% of California drivers are uninsured, making it one of the worst states for this problem. An experienced Carlsbad car accident lawyer from our personal injury law firm can discuss the legal options you may have available following an accident with an uninsured driver.
Uninsured Motorist Coverage Overview
California law requires all drivers to carry liability insurance that pays for the damages they cause in an accident. Beginning in 2025, minimum amounts of liability insurance include:
- $30,000 for injury or death to one person
- $60,000 for injury or death to more than one person
- $15,000 in property damage
California also requires all auto insurance carriers to offer uninsured motorist coverage when consumers purchase liability insurance. While this coverage isn’t mandatory, you probably have it unless you specifically rejected it in writing.
If you’re in an accident with an uninsured driver, you can file a claim with your own auto insurance company under your uninsured motorist (UM) coverage. This critical coverage can pay for your medical expenses, lost wages, and other losses from the accident. The amount of your bodily injury coverage is the same as your liability limits.
Other Legal Options
Filing a claim with your uninsured motorist coverage is often the first step in dealing with accidents involving uninsured drivers. However, you may consider pursuing other legal options to recover compensation that fully compensates for your losses, such as:
- Filing a third-party claim: If your accident involves another party, such as another negligent motorist, an employer the uninsured driver was working for at the time, or the vehicle’s owner, you may be able to file a third-party claim.
- Suing the uninsured driver: You may be able to sue the uninsured driver for damages. An experienced car accident attorney can review your situation to determine if this legal avenue makes sense in your particular situation.
- Filing a claim with your insurance provider: In addition to UM coverage, you may have other parts of your policy that can help pay for damages, such as collision insurance or MedPay.
- Filing a bad faith claim: If your auto insurance provider does not deal with you in good faith, you could file a bad faith insurance claim.
An experienced Carlsbad motorcycle accident lawyer can review the situation and explain your legal options.
Handling an Uninsured Motorist Claim
If you suspect you might be dealing with an uninsured motorist claim, take these steps to protect your legal rights:
- Report the accident even if the at-fault driver asks you not to
- Ask for the other driver’s name, address, license number, license plate number, and vehicle description
- Take photos and videos of the damage, road and weather conditions, traffic lights, and other evidence
- Ask witnesses for their names and contact information
- Seek medical attention immediately
- Report the accident to your insurer
- Contact an experienced Carlsbad truck accident lawyer
Contact Our Uninsured Motorist Claim Lawyer for a Free Case Review
If an uninsured driver injured you, you need an experienced Carlsbad drunk driving accident lawyer on your side. At The Miller & Steele Law Firm, we have the legal knowledge and experience to fight for a fair outcome. Call (760) 840-5221 or contact us online to learn how we can help.