Every day, car accidents happen for multiple reasons, but what happens there if a person at fault in an accident has no insurance in California? Most drivers experience these incidents and must file insurance claims to recover damages. In these citations, the fault is critical in claiming compensation for damages. These medical expenses include vehicle repairs, lost earnings, and pain and suffering.
State law demands every licensed driver to have auto insurance coverage according to minimum coverage requirements. California has one of the highest rates of uninsured drivers in the entire country. The lack of mandatory auto insurance led to penalties despite seeking damages from the responsible driver’s insurance for the accident.
In today’s article, we will learn what happens if the person at fault in an accident has no insurance in California, how someone feels uncertain about recovery, and what someone should do if their loved one suffers from serious injuries in an accident.
In this situation, a reliable legal counsel can help you recover your maximum recovery. Let’s know how to approach the legal team when insurance is unavailable after a car accident claim.
Immediate Steps to Take After The Accident
The immediate step should be to ensure safety and seek medical attention after an accident. Medical records will give you evidence for your claim. In your medical records, document the accident scene, capture photos, and gather witness information.
The next immediate step should be to inform law enforcement because the police report is the major piece of documentation for your claim.
The last one is to consult with a lawyer and present all evidence related to the accident, such as medical reports and receipts, that will support your compensation claim.
How Is Fault Determined in California
The system for handling car accidents in California is fault-based or a tort system. This system means the person found to be at fault is responsible for compensating the damages. It is designed to ensure that people who suffer losses from an accident can recover compensation for their damages, such as medical expenses, property damage, and lost wages.
A detailed analysis of the accident circumstances is needed in California during the determination. Insurance companies and law enforcement officials have a significant role in the process. Police officers arrive at the scene when an accident occurs and then determine fault, documented in a police report.
Insurance companies review police reports, statements from drivers and witnesses, and physical evidence or photos from accident scenes. The comparative negligence rule of California affects how fault and compensation are determined.
According to this rule, each party can be found guilty partially at fault, with their compensation reduced by their percentage of fault. For instance, if your fault is 20 % for an accident and the other driver is 80 %, the compensation would be reduced by 20 %. The major purpose is to distribute the financial burden of the accident based on each party’s contribution.
However, if you are not insured but the driver is at fault, you can still file a claim against the driver. The lack of insurance does not negate the ability to pursue compensation under California law, where you face legal penalties. These punishments include fines, suspension of your driver’s license, and the impoundment of your vehicle.
An attorney can provide legal advice for fault determination and can negotiate with insurance companies. It also ensures that your rights are protected throughout the claim process. Additionally, they can assist in gathering and presenting evidence to support your claim and advocate for the best outcome.
Legal Considerations of Driving Without Insurance
Driving without insurance is illegal in many states, which results in serious penalties, such as fines, license suspension, and jail time. In California, driving without insurance is a violation of section 16029. The penalties depend on whether it is your first or subsequent offense and whether you were not involved in an accident.
Penalties of Car Accident Without Insurance
- For the first offense, the fine could be between $100 and $200, and penalty assessments could increase the total to around $400.
- For the second offense within three years, you may be fined between $200 and $500 with penalty assessments, and the total amount could increase to $1000.
- If there is a case in which you are caught driving without insurance, then your license will be suspended for one year in case of the first offense, which can expand to four years. In this case, you can file an SR-22 form with the DMV to reinstate the license, which may increase the insurance rates.
- California is a no-pay, no-play state. If you are uninsured and not at fault in an accident, you can not sue the insured at-fault driver for non-economic damages like pain and suffering.
Hire a Personal Injury Attorney
Driving in California without insurance is a serious offense that can cost you a lot of money. Therefore, it is recommended that you always carry the minimum required liability insurance or an alternative form of financial responsibility to protect yourself.
But don’t worry; you can protect your rights and interests by consulting a personal injury attorney who can provide your best advice. Furthermore, a personal injury attorney can help you gather evidence, negotiate with the insurance company to adjust, file a lawsuit, and finally represent you in court. The person can recover damages such as medical expenses, lost wages, pain, suffering, etc.
State law demands all drivers to have $15000 in body injury liability insurance coverage for a single person. The police must extend the coverage of at least $30,000 in bodily injury for all parties injured in the accident. The auto insurance policy should also provide at least $5000 in property damage liability coverage. Once you identify the person in your accident, you must obtain their insurance policy details and file your claim quickly.
Unfortunately, some drivers face unexpected complications with their auto insurance claims. Some do not have the option of filing insurance claims against the drivers.
Read also: Rear-End Collisions: Seven Important Legal Factors You Must Understand
Frequent Asking Questions (FAQs)
Can a person go to jail without insurance?
If a driving person does not have auto insurance coverage, they will be responsible for repaying the injured driver’s damages. They can not rely on insurance to cover these economic liabilities and face legal penalties by California’s auto insurance laws.
Is Car Insurance beneficial in California when you are not at fault?
The driver at fault for an accident is partially liable for all damages. First, a claim against the auto insurance policy must be filed to seek compensation.
What is the penalty for driving in California?
If an accident occurs, no financial security covers the injured driver’s damages. In addition, they will face multiple penalties, such as fines and loss of driver’s license, until they can produce proof of insurance coverage.
Should someone hire a lawyer if an uninsured driver hurt me?
If the accident happens because of an uninsured driver, you must speak with an experienced attorney. It would be best if you got compensation by filing a personal injury claim against them. You have a better chance of success when an experienced attorney works on your case.
