In the state of California, driving without insurance and having a car accident can be a real disaster. Either as a victim or as responsible for a traffic collision, it is a very complicated and risky situation. In these cases, the health, freedom and tranquility of a person are compromised.
The Lluis Law Los Angeles injury lawyers have over 50 years of experience helping accident victims. If you or a family member are going through a similar situation, we can help you.
California laws force drivers to cover property damage and personal injury they cause. However, there are negligent drivers who break the law and cause problems for themselves and others.
Driving without insurance is a crime and carries very high risks and costs. One of them is to be stopped by the police for causing the traffic accident. If the accident is with injuries, the situation becomes more complicated for the responsible driver.
To this we must added the fine that you will receive for not having compulsory civil liability insurance for drivers. The other risk for uninsured drivers is to cause the car accident and get seriously injured.
If the driver did not buy insurance, it is not difficult to imagine that he will not be able to cover his own medical treatment.
What can I do in a driving without insurance accident?
After notifying the accident to the police and calling emergencies, if there are injured people, you should call a good lawyer. Our car accident lawyers from Los Angeles successfully solve these types of dramatic situations.
If you want to know more about what to do after a car accident, visit our section about car accident questions.
In an uninsured car accident, who pays?
If the driver responsible for the car accident has no insurance, it can be very difficult to pursue damage. In such a case, drivers may be forced to submit a claim to their own insurance. This will bring the insured problems in the future, when he wishes to renew his insurance policy.
However, some vehicle insurance policies incorporate uninsured motorist insurance. This additional resource, allows to cover the damages and other expenses caused by drivers without insurance.
If the injured driver is not clear about who was responsible for the accident, he should immediately call his lawyer. A good auto accident lawyer, an insurance specialist, can help you identify the person responsible.
Similarly, you should contact your own insurance company to report the accident. In case you need your insurance to cover all medical bills or part of the expenses.
An uninsured driver may be arrested and forced to pay compensation for damages caused to other drivers. Both material damage (car repair) and physical injuries.
Although, nothing guarantees that you can get compensation for your vehicle accident in California if you don’t have insurance. Even less, if the driver does not own fortune assets either.
What is the fine for not having car insurance?
Drivers who are arrested for breaking traffic laws are exposed to being fined and sanctioned. Fines for driving without insurance and having an accident in California are of two types:
- First offense fine of $ 100 to $ 200; or
- Fine for a second offense of $ 200 to $ 500 for each offense committed in the next 3 years after the first sanction.
Car insurance coverage in California
In California, drivers are required to purchase civil liability insurance for cars with minimal coverage. The same applies in almost every state in the country, regardless of whether it is a state with a failure or without a fault.
The auto insurance policy serves to cover medical bills and repairs for property damage in a traffic accident. The amounts of coverage and the other benefits of the policy depend on the type of insurance purchased.
California vehicle insurance law requires insurance with a minimum coverage of $ 15,000 per injured person. As well as a coverage of $ 30,000 for accident expenses with more than one person injured. The policy must also cover at least $ 5,000 for property damage.
California being a fault state, requires filing a claim with the company of the responsible driver. To obtain compensation after a car accident, you must also prove the responsibility of the other driver.
In states without fault on the other hand, damages can be recovered without proof of the fault of the responsible driver. All drivers, both responsible and victims, get compensation no matter who was to blame for the accident.
When the injured driver cannot prove the fault of the other party, he cannot pursue damages. You could only cover the damages through your own insurance company. If you do not have vehicle insurance, then you have to pay from your own pocket.
Types of financial responsibility
The California insurance code (Section 11580.1 (b) , states the types of financial responsibility (insurance):
- Liability insurance policy for motor vehicles.
- $ 35,000 cash deposit with the DMV.
- Certificate of self-insurance issued by the DMV.
$ 35,000 security bond issued by a company authorized to do business in California.
People who cannot afford liability insurance have another option available. This is the California Low Cost Automobile Insurance Program.
What happens if I get hit and I don’t have insurance?
It is very common to hear what happens if I have an accident and I am not sure? What can happen is that the other driver pays only part of the damage. For this particular case, there may be certain restrictions as to the type of compensation to be claimed.
Some states, including California, are governed by the “if you don’t pay, don’t play” rule. That means that if you do not have insurance at the time of the accident, you also have limitations to claim.
If you are injured in a car accident caused by another driver, you can claim compensation for injuries. However, you will not be able to recover “non-economic” damages such as pain and suffering.
The rationale for this rule is that if you cannot provide another person with full compensation, you cannot claim full benefits from others.
What is coverage against uninsured drivers?
It is a benefit offered by some insurance policies to protect drivers in collisions against uninsured drivers. This type of policy also serves to cover expenses that are not covered, because the other driver’s insurance is insufficient.
“A car without insurance has hit me”
The driver’s insurance company that was crashed covers the damages or reimburses medical expenses and damages to the vehicle. Although that driver without insurance will be fined and sanctioned by the authorities.
Now you know that a driving without insurance accident is no joke. In any situation, our uninsured accident attorneys are available to represent you. In Lluis Law we are also Uber accident lawyers and electric scooter accident lawyers among many other areas of expertise.
If you have been involved in an accident without insurance, either as a victim or as accused for it, we can help you. Call now for a free case review or visit our offices in downtown Los Angeles.