Car accidents are one of the most common causes of personal injuries, and every victim will face unique challenges as they attempt to recover from the damage these incidents usually cause. If you or a loved one recently suffered injuries due to the actions of another driver, you will need an experienced attorney’s assistance to hold them appropriately accountable for the damage they caused.
Unfortunately, the recovery process is not the same for every car accident victim, and many encounter significant problems when it comes to filing their auto insurance claims. State law requires all drivers to have $15,000 or more bodily injury liability coverage for one person, $30,000 or more of coverage for total accident liability, and $5,000 or more in property damage coverage. Drivers are strongly encouraged to buy underinsured/uninsured motorist coverage.
Understanding Underinsured and Uninsured Motorist Accidents
When a driver has auto insurance, but their policy does not meet the state’s minimum liability coverage requirements, the driver is underinsured, and if they do not have insurance at all, they are an uninsured driver. Unfortunately, California has one of the highest rates of uninsured drivers in the country, so if you do not purchase underinsured/uninsured motorist protection in your own auto insurance policy, then insurance is unlikely to be available as a recovery option after your accident.
The first step in your recovery after a car accident should be an auto insurance claim, but if this does not apply to your situation, you must file a claim against the driver who hurt you. A successful civil case could help you secure compensation for all the economic losses you suffered, as well as compensation for your pain and suffering.
If you are involved in a car accident that you did not cause, but it is revealed that you do not have insurance either, you would still be able to seek recompense from the at-fault driver. However, you would face a fine for driving without insurance and will likely need to purchase a suitable insurance policy immediately.
How to Prove Fault for a Car Accident
Proving fault for the car accident you recently experienced is likely to require a combination of material evidence and witness testimony. Complex cases may require insights from expert witnesses who can explain the complicated and technical details of the accident in question or prove exactly how it happened to establish fault.
Your attorney will be an invaluable asset for proving liability for the accident you experienced. Some of the most common causes of car accidents include distracted driving, speeding, and driving under the influence of alcohol and drugs. No matter how your accident happened, an experienced personal injury attorney is an invaluable source of guidance and support when it comes to proving exactly how your accident happened and who is responsible for your damages.
If you need to file a claim against an at-fault driver’s insurance or your own underinsured/uninsured driver coverage, you will need an experienced attorney’s help to maximize the results of all your recovery efforts. It’s natural to face a wide range of frustrating pressing legal concerns, but you can find reassurance in this difficult time by connecting with an experienced attorney as soon as possible after your accident. The Kreeger Law Firm can answer your questions and help you understand the best recovery options open to you in this situation.
FAQs
Q: What Happens if an At-Fault Driver Has No Auto Insurance in California?
A: The state uses a fault system to resolve car accidents, and all drivers are expected and legally required to carry auto insurance that provides suitable liability coverage. This coverage takes effect if they cause an accident with another driver. If the at-fault driver does not have insurance, the victim can file a claim against the underinsured/uninsured motorist coverage of their own policy if they have it, or they can proceed directly with a claim against the at-fault driver.
Q: Is There a Penalty for Not Having Car Insurance in California?
A: You could easily face a several hundred dollar fine if you are caught driving without appropriate insurance coverage. Additionally, your vehicle may be impounded until you can produce proof of insurance coverage. Make sure any insurance policy you purchase meets the state’s minimum coverage requirements for auto insurance liability coverage.
Q: Will My Insurance Premium Increase If I’m Not at Fault for an Accident?
A: As long as you did not directly cause the accident through your own negligence or an act of illegal misconduct, it is unlikely for your insurance premium to rise, especially if you can prove that another driver is clearly responsible for the accident. Make sure you thoroughly review the terms of your own auto insurance policy after an accident and meet all applicable reporting requirements.
Q: What Do I Do If I Can’t Claim Compensation Through Insurance After an Accident in California?
A: If filing an auto insurance claim isn’t an option after your accident, you will need to proceed directly to filing a civil suit against the driver who caused the accident. You will need an experienced attorney’s assistance with this type of personal injury case, but a successful case can potentially yield substantial compensation for your damages.
Q: Should I Hire an Attorney After a Car Accident With an Uninsured Driver?
A: It is always worth investing in professional legal counsel you can trust when you are struggling with injuries and economic losses caused by another driver. Even after you account for the cost of hiring your attorney, they can make a significant difference in the quality of your final recovery and the amount of compensation you obtain.
The right legal team can make a tremendously positive impact on the recovery efforts you pursue after a car accident. If you are ready to speak with an experienced Sacramento car accident attorney about your options for legal recourse after an accident that was not your fault and when insurance isn’t an option, contact the Kreeger Law Firm to schedule a consultation and learn how our firm can help.
