What Happens in a Car Accident With an Uninsured Driver in California? (2023 Updated)

What Happens in a Car Accident With an Uninsured Driver in California? (2023 Updated)

Minimum Car Insurance In California

Car accidents can be extremely stressful, especially if there is any fallout from medical issues or the need to repair or replace personal property.

All drivers in California must have the minimum amount of insurance as follows:

  • $15,000 to injure/death one person
  • $30,000 to insure injury/death of more than one person
  • Property damage up to $5,000

It is common for other drivers to be uninsured or underinsured in a car accident. This means that they will not be able pay the full cost of your recovery. This can seem unfair, especially if the other driver is not fault. However, it’s a sad reality many California drivers face.

What can you do ?

  • Your own insurance is the best place to start if you have been involved in a collision with an uninsured motorist or are the victim of a hit and run.
  • Uninsured or underinsured motorist coverage can be purchased from your provider. This coverage covers damages caused by collisions between uninsured and underinsured motorists who are found to be at-fault.
  • These insurances will pay the difference between what you have to pay and what the insurance of the other driver will cover. They will pay up to your standard liability coverage.

Additional collision coverage can be purchased. This would cover damages to your vehicle if it is the victim of a hit and run or was struck by an underinsured or uninsured driver. This insurance policy will not cover any medical expenses, but only the cost of fixing your vehicle. The collision insurance coverage is similar to uninsured and underinsured motorist coverage. It will not cover additional medical costs.

How to file a claim against the other driver

While you can seek compensation from your insurance provider you can also attempt to get your losses covered from the other driver in the collision. One of your options is to file a personal injury claim against them.

Californians have the option to go to mediation instead of going to court. The court system administers this program. It allows both parties to have a mediated discussion in an effort to resolve the matter in a manner that is mutually beneficial. Mediation is less costly in both time and money.

Sometimes a court-appointed mediator may not be the best way to resolve a dispute. Instead you can communicate privately with the other side to settle the matter . While mediation offers many benefits, settlement can lead to no resolution if one party isn’t willing to work towards a solution.

Although many people would prefer to avoid litigation, it is sometimes necessary. Sometimes victims of car accidents with underinsured or uninsured drivers may need to file a personal injury lawsuit to seek compensation.

Remember that even if your lawsuit is successful and you win, there are no guarantees the other driver will pay you for damages or injuries. It is crucial to know what your insurance covers when it comes to accidents involving uninsured or underinsured motorists.

Summarized from an article by Trial Lawyers Freeman & Freeman.