Getting into a car accident is a headache, but getting into an accident with an uninsured driver is a different kind of headache. Not only do you have to recover from your injuries, but you also have to figure out how much your insurance company will compensate you for the damages you incurred.
Partnering with a personal injury attorney in Century City can help alleviate some of this stress. Our attorneys at Vaziri Law, LLP, can help you navigate the filing and negotiation process after an accident with an uninsured driver while you recover from your injuries.
California Insurance Requirements
Every state has its own set of requirements for car insurance. The following are California’s minimum requirements according to the DMV:
- $30,000 for injury/death to one person
- $60,000 for injury/death to more than one person
- $15,000 for property damage
If someone cannot afford the minimum insurance package, they may be eligible for the California Low-Cost Automobile Insurance Program (CLCA).
Alternatives
If someone doesn’t want to get insurance through a company, they have options.
- Vehicle liability insurance policy.
- Cash deposit of $75,000 with DMV.
- DMV-issued self-insurance certificate.
- Surety bond for $75,000 from a company licensed to do business in California.
Uninsured/Underinsured Motorist Coverage
Uninsured/underinsured motorist coverage (UM/UIM) covers injuries for you, your passengers, and any damage to your vehicle if you’re in an accident with a driver who is underinsured or is uninsured.
Not all states require UM/UIM, but California does require insurers to offer it as a part of the default package. You may reject this coverage in writing. UM/UIM covers:
- $30,000 per person
- $60,000 per accident
Additional coverage includes:
- Medical payments (MedPay). Covers medical and funeral expenses for you and covered household members after an accident
- Comprehensive. This covers the cost to repair or replace a car if it’s damaged by covered events like hail, fire, theft, etc.
- Collison. This covers the cost of repairing a vehicle if it overturns or collides with another vehicle or object.
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Driving Without Insurance
If someone is found driving without insurance in California, they could face hefty fines, even if the person only forgot to carry their proof of insurance. However, if this is the case, you can appeal the violation and get a reduced fine.
The first offense is a fine between $100 to $200, not including penalty assessments that often raise the price to $400.
The second offense is a fine between $200 to $500, but penalty assessments raise the price to between $520 and $1,300.
Subsequent offenses include an initial fine of $500 plus a state penalty fee that is around $400. Other potential penalties include vehicle impoundments, driver’s license suspension, and reinstatement fees that total between $100 and $500.
How UM/UIM Comes in Handy
While California doesn’t require UM/UIM coverage, it’s highly recommended to take it. The roads are full of hundreds of people, so the chances of being involved in an accident with someone without insurance are never zero.
If you’re in an accident with an uninsured driver, medical costs, lost income, and car repairs will become a financial burden. UM coverage serves as a backup plan as it helps cover the costs of those damages.
It also comes in handy when someone is in an accident with an underinsured driver. If you’re in an accident with someone whose insurance only covers $15,000 but the damages total $90,000, your UIM coverage will cover as much as the gap as possible.
However, hit-and-run accidents are a different story.
How to Get UM Coverage for a Hit-and-Run
In California, hit-and-run accidents can be covered by UM, but there are some specific requirements that need to be met.
- Physical contact. There needs to be physical contact between the vehicles. If a phantom driver causes a crash without touching your vehicle, it may not count.
- Police report. An accident report must be submitted to law enforcement within 24 hours.
- Insurance notification. Your insurance company must be informed of the incident within 30 days.
Phantom Drivers
A phantom driver is a driver who causes an accident without getting directly involved in the accident. For example, if a driver suddenly swerves into your lane, you may panic. To avoid hitting the car that is now making you ride their bumper, you lose control of your vehicle and crash into another car, a wall, or a guardrail.
The offending driver gets away scot-free, and you’re stuck with a damaged car.
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How to File an Accident With a UM/UIM Driver
Fortunately, filing an accident involving a UM/UIM driver follows the same process as any other vehicle accident.
- Check for injuries and call 911. Make sure everyone is okay and call emergency services if necessary. However, if there’s a UI/UIM driver, calling the police may be a good idea to get an official report of the incident.
- Gather information. Exchange contact and vehicle information. Even if they don’t have insurance, it’s important to make sure that you have as much identifying information as possible.
- Document the scene. Take photos of the scene and the vehicles involved in the accident. If you have dashcam footage, preserve that as well.
- Avoid roadside deals. If an UM/UIM driver tries to offer you cash or promises in exchange for not reporting the accident, don’t do it.
- Talk to an attorney. Discuss the accident with an attorney and file your case with confidence.
- Notify your insurance company. With your attorney, speak to your insurance company and start the filing process.
Do I Need an Attorney?
California law doesn’t require a personal injury lawyer for a UM/UIM case. However, in cases with UM/UIM drivers, having a personal injury attorney in Century City can be a great help. Why? Sometimes, insurance companies may dispute fault, question your injuries, delay/offer less payment, or deny coverage.
Having an attorney in your corner before this can happen saves you a lot of time. Your attorney will already be familiar with the details of the case long before any one of these outcomes happens, so they can negotiate on your behalf with ease.
FAQ
What if I Get into an Accident with an Out-of-State Driver?
Getting into an accident with an out-of-state driver is not the same as getting into an accident with a UM/UIM driver. However, insurance can be a tricky situation, so contact a personal injury lawyer in Century City to learn more.
How Much Can I Get from an Accident with a UM/UIM?
Every case is different. Your settlement depends on the extent of the damages to your vehicle, yourself, and who holds fault for an accident.
Does an Accident with a UM/UIM Go Through the Same Process as a Car Accident?
Yes. A UI/UIM case involves vehicles of all kinds, so attorneys will follow the same procedure based on the vehicles involved.
What If I Get an Accident with an Insured Car, but the Driver Is Not Insured?
A borrowed vehicle can fall under permissive use. If the owner of the car who holds an active insurance policy allowed the person behind the wheel at the time of accident drive, their insurance may cover any damages. It depends on the frequency of use and how the investigation unfolds. Speak to your attorney to learn more about your case.
Does this Apply to Stolen Cars?
No. Stolen cars do not apply since they were taken without permission. If a car is stolen, the owner must report the car immediately to avoid responsibility for any accidents involving the car.
How Long Do I Have to File a Case?
You have two years to file a personal injury case. However, if you’re involved in a hit-and-run case, you must inform your insurance company within 30 days with the required evidence.
How Can I Check if I Have UM/UIM Coverage?
If you’re in California, it comes included in your insurance package. If you want to double check, review your policy or contact your insurance agent to confirm.
Who is At-Fault in a UM/UIM Accident?
All parties are responsible on some level for any vehicle accident in California. An investigation into the accident will determine whose actions caused what percentage of fault.
What If I Can’t Identify the Hit-and-Run Driver?
You may still have a claim. Filing a police report is a crucial step in this process, so make sure to do that first before reporting the accident to your insurance company.
Does UM/UIM Cover Bicycle Accidents?
Yes. Since cyclists are not motorists, UM/UIM can cover any accident involving a bicycle, e-bike, and/or pedestrian. UM/UIM often covers medical costs for the policy owner and household members like a spouse and/or a child if they are hit as cyclists or pedestrians.
Contact a Personal Injury Attorney in Century City Today!
Getting into an accident with an uninsured driver can be stressful. There are too many unknown factors that can affect your compensation. However, our team of experienced lawyers at Vaziri Law, LLP, are here to help. We have over 200 years of combined experience and are happy to assist you with your case. Contact us today to schedule a consultation!
