Understanding Your Rights When Hit By an Uninsured Driver

Nagelberg Bernard Law Group

Being involved in a car accident is already stressful, but when the other driver is uninsured, the situation can become even more complicated. In California, it is illegal to drive without insurance, yet an alarming number of drivers remain uninsured.

If an uninsured driver has hit you in Beverly Hills, it’s crucial to understand your legal rights and what steps to take to ensure you are properly compensated.

Here, you can learn more about what to do when dealing with uninsured drivers and how a Beverly Hills car accident lawyer can assist you in navigating this complex situation.

California’s Uninsured Motorist Problem

California has one of the highest numbers of uninsured drivers in the United States. According to a study by the Insurance Research Council, approximately 16.6% of drivers in California were uninsured as of the latest data.

This means that nearly one in six drivers on California roads may be operating without insurance. In an accident with one of these uninsured motorists, responsible drivers face a significant risk.

Despite the state’s laws requiring all drivers to carry minimum liability coverage, many individuals cannot afford insurance or choose to drive without it. When these uninsured drivers cause accidents, law-abiding citizens face financial losses without the backing of the other driver’s insurance to cover damages.

This is where a car accident attorney in Beverly Hills from Nagelberg Bernard Law Group can protect your rights.

What California Law Says About Uninsured Drivers

California law mandates that drivers carry a minimum liability insurance to cover damages or injuries they may cause in an accident. Under California Vehicle Code § 16028, drivers must provide proof of financial responsibility when requested by law enforcement. Failing to provide this proof can result in fines and penalties for uninsured drivers.

However, even though the law requires insurance, it does not stop some from violating this rule. To protect responsible drivers from the financial repercussions of uninsured motorists, California law offers two primary forms of protection:

  1. Uninsured Motorist (UM) Coverage: This type of insurance protects you when you are in an accident with a driver without insurance. Depending on the policy, it covers bodily injury costs and may also cover property damage. California law requires insurers to offer this coverage as part of every auto insurance policy. If you decline it, you must do so in writing.
  2. Underinsured Motorist (UIM) Coverage: Sometimes, the at-fault driver has insurance, but their coverage is insufficient to cover your damages. Underinsured motorist coverage can help cover the gap between the at-fault driver’s insurance and your actual damages.

If you don’t carry UM or UIM coverage and are hit by an uninsured driver, recovering damages can become more challenging. This is where consulting with a car wreck attorney in Beverly Hills becomes crucial, as they can help explore alternative avenues for compensation.

Steps to Take After an Accident with an Uninsured Driver

If you are involved in an accident with an uninsured driver, there are several steps you should take to protect your rights and maximize your chances of recovering damages:

  • Call the Police: Even if the other driver doesn’t have insurance, a police report will be critical in documenting the accident. It will serve as official evidence should you need to file a lawsuit or insurance claim.
  • Collect Evidence: Take photographs of the scene, damage to vehicles, and any visible injuries. Get witness statements and their contact information. This information can be invaluable when pursuing compensation with the help of a Beverly Hills auto accident lawyer.
  • Seek Medical Attention: Even if you feel fine, it’s essential to seek medical evaluation after an accident. Injuries may not manifest immediately, and having medical documentation is crucial if you need to file a claim for injury-related damages.
  • Notify Your Insurance Company: Report the accident to your insurance provider as soon as possible. They will guide you through the claims process, especially if you have UM or UIM coverage.
  • Consult an Attorney: Navigating insurance claims, lawsuits, and uninsured driver cases can be complicated. An injury lawyer in California can help assess your case and determine the best action to secure compensation for your medical bills, property damage, and pain and suffering.

Potential Avenues for Compensation

If the driver responsible for the accident is uninsured, and you don’t have UM or UIM coverage, there are still potential avenues for recovering compensation:

  • File a Lawsuit: You can file a personal injury lawsuit against the at-fault driver. While this may result in a judgment in your favor, recovering compensation from an uninsured driver can be difficult if they lack the financial means to pay.
  • Health Insurance: If you were injured in the accident, your health insurance might cover some of the medical costs associated with the crash. However, this won’t cover property damage or non-economic losses such as pain and suffering.
  • State Programs: In some cases, state programs may compensate victims of uninsured drivers. These programs are limited and usually only cover specific damages, such as medical expenses.

An accident attorney in California can evaluate your situation and determine the most viable path to receiving the compensation you deserve.

Why Hire a Beverly Hills Car Accident Lawyer?

Dealing with an uninsured driver can feel overwhelming, especially when you’re dealing with injuries, vehicle damage, and mounting medical bills. A Beverly Hills car accident lawyer has the experience needed to handle complex insurance negotiations and can advocate on your behalf in a court of law.

From gathering evidence to dealing with insurance companies and representing you in legal proceedings, an experienced car wreck attorney in Beverly Hills will work to ensure your rights are protected and that you receive fair compensation.

Protect Your Rights After a Car Accident

Being hit by an uninsured driver can complicate a stressful situation, but you don’t have to navigate it alone. With the help of a Beverly Hills auto accident lawyer, you can explore all available options to ensure you are compensated for your injuries and damages.

If you’ve been involved in such an accident, don’t hesitate to seek legal advice. It could make all the difference in recovering the compensation you deserve.

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