What can you do if the driver who hit you has no insurance?
If you have suffered a car accident in Los Angeles and need medical treatment and recover damages, do not hesitate to contact our expert traffic accident attorneys at Lluis Law. We have been dealing with this type of events for more than 50 years and helping victims obtain justice.
Although no driver should drive in California without having a liability insurance policy, there are drivers who by saving that money, prefer to expose themselves and others on the road. 1 out of every 8 drivers does not have car insurance, according to research carried out by the Insurance Research Council (IRC).
In California, the average is more or less similar, 15 percent of drivers do not have an insurance policy that covers damages caused to other drivers or pedestrians on the road.
So being hit by an uninsured driver can be a lottery prize that any driver in Los Angeles can win at any time. When this happens, it is advisable to know what to do and what not to do. We go by steps.
1. The first thing to do is to call the police to report the accident, so that they can help you and also register the accident for the purpose of later requesting your company to cover the damage coverage.
2. It is important, not to accept money from the responsible party. After the collision it is likely that the responsible driver will try to avoid the fines that must be paid for driving without insurance and any other legal repercussions, if there are injured people.
Without a prior assessment of the accident, done in conjunction with your auto accident lawyer, you cannot really know how much personal injury and property damage will amount to.
3. Try to get the contact information of the responsible driver. This is: name, ID number, data of the vehicle that collided (registration, brand, model, color). If there were witnesses it is also convenient to obtain their telephone numbers, emails, etc.
4. Collect all the details you can from the accident. Name of the place, time, name and other information of the police officer who attended the accident. Take photographs and make videos that will later serve to document the scene of the accident. This is particularly convenient when the person responsible for the accident decides to leave.
This information will be used when presenting the claim to the insurance company.
Presentation of claims against drivers without insurance
At the time of filing the claim you must make sure to notify your insurance company that the responsible driver did not have insurance. You must have the insurance card and policy number on hand as well as the date, time and place where the car accident occurred.
The rest of the information obtained at the accident site will also be requested by the insurance, that is, the data of the responsible driver and the vehicle information. Likewise, the photographs, the videos, the names of the witnesses and their data and the number of the police report will be of vital importance for the claim.
What if I was hit by an uninsured driver in a faultless state?
California is not a no-fault state, this means that when it collides with an uninsured driver the claim, procedure varies a bit. In no-fault states it does not matter who was responsible for the accident because the insurance provider will still pay a part or the medical expenses and loss of wages / income of the victim. On the other hand, in California, no.
The best way to protect yourself from uninsured drivers is to purchase an insurance policy that covers the victim’s expenses as well. Policies with this type of coverage are called uninsured motorist coverage. This policy is also useful when the coverage of the responsible driver’s policy is insufficient.
Of course, insurance companies can use any of their tactics to avoid paying or paying less compensation in a car accident. If the victim does not have a policy with uninsured motorist coverage, the insurance provider may initially refuse to pay or delay the checks, even if they are later obligated to pay.
This is the time to request the help of an experienced car accident lawyer to put things in their place. The client should never accept as an insurance response a “there is no compensation for that accident” and less orally. In that case, you must request a response in writing and consult the case with your lawyer.
How do I get compensation from the driver without insurance?
It is not an easy case to force a driver without insurance and without money to pay for the damage, unless he possesses assets of fortune and it is worth going to a trial. If it is an accident with injuries, the situation changes because the person responsible must answer separately for these damages if he/she is sued.
There are ways to go against a negligent driver or driving while intoxicated to receive a penalty after the accident. The California Vehicle Code states that the responsible driver may have his license suspended when a certified copy of the judgment is sent to the Department of Motor Vehicles.
Another form of sanction is to make the license of the guilty driver remain suspended until he proves that he has fulfilled the financial responsibility for these cases or that he pays for the damages caused and established in a judicial sentence.
The victim and his personal injury lawyer should evaluate all available options and take the path that best compensates the damages caused.
If you or a family member were injured in a car accident, you can count on Lluis Law’s law firm. Our experienced auto accident and personal injury attorneys can help you with your claim or claim for damages. Do not hesitate to contact us for a free consultation. Our telephone number is (213) 320-0777.
Address: 205 South Broadway, Suite 1000 Los Angeles, CA 90012. Tel: (213) 687-4412 Fax: (213) 687-3441.