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What if I am in an Auto Accident With a Driver Who Does Not Have Insurance?

Posted By Miracle Law, APC
What if I am in an Auto Accident With a Driver Who Does Not Have Insurance?

Insurance provides a safety net for countless injured motorists in California who suffer injuries and property damage each year, but what happens when it is not available? What happens when you get into an accident with a driver who does not even have insurance? Unfortunately, this situation is all too common among California motorists. However, the situation may still be salvageable, and a personal injury attorney can help you assess your legal options. 


Options for Victims after Collisions With Uninsured Drivers


There may be several options available to you depending on the circumstances of the accident. The first and most obvious option is to simply file a claim with your own insurance provider. Even if the other driver did not have insurance, you should still enjoy a certain degree of coverage from your own policy. Of course, it always makes sense to file a claim with the at-fault driver’s insurer first if at all possible. In many cases, there is “uninsured motorist” coverage available that specifically applies to these situations. 


Another option is to sue the uninsured driver directly. California is an “at-fault” or “tort” state, which means that direct personal injury lawsuits are possible after auto accidents. This strategy may be effective if the driver has a high net worth and is capable of paying your compensation out of their own pocket, so to speak. However, this situation is relatively rare. After all, someone who elects not to purchase insurance is probably doing so due to financial limitations, which indicates an extremely low net worth. 


A third choice might be to search for other parties that may have contributed to your crash in some way. Even though the uninsured driver might have been the primary catalyst for the crash, there may have been other negligent drivers involved. For example, a distracted driver may have veered into the uninsured driver’s lane, causing them to swerve. Sometimes, it is even possible to sue government agencies for failing to maintain roads or posting confusing signs. 


It is worth pointing out that uninsured drivers are often criminals. Sometimes, these criminals are driving stolen vehicles and are uninsured by default. Even if they have a valid auto insurance policy before stealing a vehicle, the policy almost always becomes invalid when the policyholder engages in dangerous, criminal activity. Often, these car thieves crash after being pursued by the police. Therefore, it may be possible to sue the police department for conducting the chase in an unsafe manner and causing unnecessary collateral damage. 


Suing a third party in this manner is even more viable in California thanks to the state’s “pure comparative negligence” system. This means that you can seek compensation from another party based on the role they placed in the crash. This is true even if the role they played in the crash was quite minimal. 


Driving Without Insurance is Illegal in California 


Driving without insurance is illegal for the most part in California. Technically speaking, you can only drive if you demonstrate the ability to pay for other people’s damages in the event of a crash. This means that it is also acceptable to provide a $35,000 deposit with the DMV, although this is an extremely rare choice. 


California also takes many steps to actively discourage people from driving without insurance. One of the most notable examples is the “No Pay, No Play” law. This effectively bans uninsured drivers from pursuing non-economic compensation for their own injuries. This is true even if the uninsured driver was totally faultless for the accident. 


Despite these incentives, many California residents continue to drive without insurance. In fact, recent statistics suggest that this number is as high as 17%. In other words, roughly one in every five drivers is completely uninsured in California. Keep in mind that aside from single-vehicle crashes, all car accidents must involve at least two vehicles. This means that the chance of a crash involving an uninsured driver in California is over 33% (or one in three). 


Where Can I Find a Qualified Personal Injury Attorney in California?


If you have been searching for an experienced personal injury attorney in California, look no further than the Miracle Law, APC. Over the years, we have helped numerous injured plaintiffs throughout the State of California. We know that all kinds of unexpected issues may arise as you seek compensation, and the lack of another driver’s insurance coverage is just one example. Regardless of what type of challenges you face, a consultation can provide answers and targeted guidance. Get in touch today. 


About the Author:

Miracle Law, APC

At Miracle Law, APC, our personal injury lawyers represent clients throughout California, because we believe everyone deserves access to the legal resources that will help them take back control of their lives after an accident.Our Rancho Cucamonga  personal injury attorneys understand that biases exist inside and outside the courtroom, and work tirelessly to mitigate the circumstances that lead to injury victims being discounted by the insurance companies.Our aggressive personal injury lawyers outline each of our client’s cases based on the legal knowledge and experience necessary to pursue results. If you or someone you love has been hurt in a personal injury incident in Rancho Cucamonga, California, our attorneys want to help outline how the incident has impacted your daily activities and overall quality of life, so we can provide a realistic legal approach to pursuing the compensation your case is worth.... View full business profile here: Miracle Law, APC