Car accidents can be stressful under any circumstance, as adrenaline rushes through the body, and victims find themselves having to deal with medical bills and the cost of property damage. However, when one or both drivers involved do not have car insurance, the situation becomes far more complicated.
In California, the law requires that every driver carry a minimum amount of motor vehicle insurance. Yet thousands of motorists in the Stockton and Modesto areas drive without it.
Suppose you are involved in a car accident without insurance. In that case, whether you were at fault or not, you may face serious financial and legal consequences for not carrying the proper insurance. If the crash results in a fatality, knowing how to get a death certificate in California becomes key when preparing for any legal claim.
At Roberts Personal Injury & Car Accident Lawyers, we help injury victims understand their rights and options in uninsured and underinsured motorist accidents.
Our team of car accident lawyers in Stockton and Modesto has years of experience managing the complexities of California’s no-fault and fault-based insurance systems, in an effort to ensure our clients can still seek fair compensation for their losses even when insurance coverage is limited or nonexistent.
What Happens If the Person at Fault in an Accident Has No Insurance in California?
When an individual causes a crash and does not carry the proper insurance, recovering compensation becomes significantly more challenging. California is a fault-based state, which means that the at-fault driver is legally responsible for compensating the victim for the damages they cause, including:
- Medical bills
- Property damage
- Physical and emotional pain and suffering
However, if the liable driver has no insurance, there is no policy available for victims to recover compensation from to cover their injuries or repairs.
If the at-fault driver has personal assets, then accident victims may be able to file a lawsuit directly against the driver. However, in many cases, uninsured drivers do not have the financial means or assets needed to pay a car accident settlement or judgment. This can leave victims in a difficult position as they are trying to manage expenses from an accident they did not cause.
In these situations, accident victims may turn to their own auto insurance policies to recover compensation. However, not all insurance policies will compensate drivers for their medical bills or property damage, even if the accident isn’t the victim’s fault.
If you carry uninsured motorist (UM) coverage, your own insurance company can step in and pay for your injuries and property damage, but it will not pay for emotional damages. UM coverage is optional in California, so not all drivers have this type of insurance, but it can be a financial lifesaver if you are hit by an uninsured driver.
At Roberts Personal Injury & Car Accident Lawyers, we work with clients to evaluate every potential avenue for compensation recovery. Whether that means filing a UM claim, negotiating with your insurer, or pursuing a civil claim against the uninsured driver and their assets, our goal is to help you recover the compensation that you are owed under California law.
Do Insurance Companies Go After Uninsured Drivers?
Many accident victims assume that their insurance company will simply pursue the uninsured driver directly after a crash. In some cases, this can happen, but only when certain coverage types apply.
If your insurer pays out on your uninsured motorist claim, they may then try to seek reimbursement from the uninsured driver through a process known as subrogation. Essentially, your own insurance company can pursue repayment for what they paid you. However, if the uninsured driver has no assets or income, this effort is often not worth pursuing.
The reality is that most uninsured drivers lack the means to pay large settlements or judgments, which is unfortunate for victims. That’s why it’s important to have an educated and experienced car accident attorney who understands the interplay between California insurance law, personal injury claims, and coverage limitations.
Our team at Roberts Personal Injury & Car Accident Lawyers assists clients in filing claims under their uninsured or underinsured motorist provisions. We gather medical records, accident reports, and witness statements to prove fault and damages.
Our team can also gain financial statements and view assets to determine if the uninsured motorist has the means to pay for your economic and non-economic damages. We also deal directly with insurance adjusters to prevent lowball settlements and delays.
When insurance is unavailable or insufficient, we help explore alternative recovery options, such as identifying third-party liability in cases where a vehicle defect or negligent employer contributed to the crash.
By having our team at Roberts Personal Injury & Car Accident Lawyers on your side, you ensure that every potential source of compensation is pursued aggressively and efficiently.
What Happens If You Have No Insurance, But the Other Driver Was at Fault in California?
If you were driving without insurance, but the other driver caused the accident to occur, you still have the right to file a claim. However, the compensation you recover may be limited under California Proposition 213.
Under Prop 213, uninsured drivers in California cannot collect non-economic damages, which include pain and suffering or emotional distress, even if the accident was entirely the other driver’s fault. You can still recover economic damages like medical expenses, lost income, and vehicle repair or replacement costs, but your compensation will be restricted when it comes to emotional pain and suffering.
Driving without insurance in California also carries its own penalties. Drivers who do not have the proper insurance coverage could face fines, license suspension, and vehicle impoundment. The state of California requires drivers to maintain minimum liability coverage of:
- $15,000 for injury or death to one person
- $30,000 for injury or death to more than one person
- $5,000 for property damage
Even if you are found to be 0% at fault, being uninsured complicates your car accident claim. Insurance companies and opposing counsel may try to use the fact that you are uninsured as leverage to reduce or deny your claim. That’s where an experienced car accident attorney becomes very important.
At Roberts Personal Injury & Car Accident Lawyers, we help clients in Stockton and Modesto protect their rights even when they are uninsured. We’ll handle all communication with the insurance companies, ensure your medical bills are documented properly, and push for the highest possible compensation under California law.
How Roberts Personal Injury & Car Accident Lawyers Can Help
When you are involved in a crash with an uninsured or underinsured driver, or you are uninsured yourself, the legal process required to pursue compensation can feel overwhelming. Our team of California car accident lawyers provides full legal support for every stage of your case:
- Full Case Evaluation – We start by investigating the crash, reviewing police reports, medical records, and insurance coverage for all parties.
- Insurance Negotiations – We work directly with your insurance company to ensure your uninsured motorist claim is handled fairly and promptly.
- Pursuing Car Accident Claims – If the at-fault driver has assets or another liable party is identified, we file a lawsuit to recover your damages.
- Maximizing Recovery – We identify all forms of compensation available, including UM/UIM coverage, MedPay benefits, and possible third-party liability.
- Legal Protection for Uninsured Victims – If you were uninsured at the time of the accident, we help you navigate Prop 213 restrictions and advocate for your economic recovery.
- No Fees Unless We Win – Our firm works on a contingency basis, meaning you pay nothing unless we successfully recover compensation for you.
Our attorneys understand how financially and emotionally devastating a car accident can be, especially when insurance is not present for the at-fault party. Whether you’re dealing with unpaid hospital bills, missed work, or a damaged vehicle, we fight to secure the compensation you need to move forward. Don’t hesitate to contact our team today for a free case consultation.
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