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Not At Fault Accident Without Insurance – Car accidents happen every day for many reasons in California, and most drivers who experience these incidents have to file insurance claims to recover their losses. State law requires all licensed drivers to have auto insurance that meets the state’s minimum coverage requirements. However, California has one of the highest rates of underinsured and uninsured drivers in the entire country.
It’s natural to worry about the damages you’ve suffered and feel unsure about how you can recover when you or a loved one has been seriously injured in a motor vehicle accident in California. When you have trusted legal counsel assisting you, you are much more likely to make the most of your full recovery. Easton & Easton provides compassionate legal counsel for motor vehicle accident claims to clients throughout southern California, and our team wants you to know how to approach a car accident claim when no insurance is available.
Not At Fault Accident Without Insurance
State law requires all drivers to have at least $15,000 in bodily injury liability insurance for a single person injured in an accident they caused. Their policy must also extend this coverage to at least $30,000 in bodily injury liability insurance for each party injured in the accident. The auto insurance policy must also provide at least $5,000 in property damage liability coverage. Once you have identified who caused your accident, you must obtain the details of their insurance policy and file your claim very quickly.
What Happens If I Am In A Crash And Do Not Have Auto Insurance In Virginia? — Powell Law Group
These coverage limits may seem like they should be enough to fully cover the damages caused by a negligent driver in California. Unfortunately, the reality is that some drivers face unexpected complications with their auto insurance claims, and some drivers do not have the option of filing insurance claims against the drivers who caused their accidents.
Although not required by state law, drivers are strongly encouraged to consider purchasing underinsured/underinsured motorist coverage with their standard insurance. This type of coverage comes into play when an underinsured or underinsured driver causes an accident, allowing the victim to claim against their own insurance for some immediate relief. Typically, they can do so without incurring any penalties. However, if the at-fault driver does not have insurance, and you have not purchased underinsured/underinsured motorist insurance, you will need to proceed with a personal injury case against the driver responsible for causing your an accident.
State law allows the plaintiff in a personal injury claim to seek full reimbursement of all economic losses the defendant causes, as well as compensation for their pain and suffering. Your attorney can assist you in recovering damages from an underinsured or underinsured motorist with a personal injury case. This means that they will help you to maximize your insurance claim or when insurance is not an option.
Your economic losses that can be claimed in a car accident case are likely to include medical treatment costs, ongoing medical costs for treating serious injuries, property damage, lost wages, and loss of future earning potential if the defendant is impaired on your ability to work and earn an income. Most people can identify some immediately recognizable losses, but many find it difficult to accurately define the long-term effects of their experiences.
Should I Get A Lawyer For A Car Accident
When you choose Easton & Easton to help you recover from your recent car accident, we will guide you through the auto insurance claim process if filing such a claim is a viable option. If not, our team is ready to help you build a solid personal injury claim against the driver who injured you, seeking the maximum compensation possible under California law.
If a driver does not have car insurance and causes an accident, they are solely responsible for repaying the injured driver’s compensation. This means that they cannot rely on insurance to cover any of these economic liabilities, and they will also face legal penalties from the state for failing to adhere to California auto insurance laws. Jail time is only possible for an at-fault driver if he caused the accident with intent to harm or by knowingly violating California law.
California’s at-fault rule for car accidents requires the at-fault driver to take responsibility for all damages resulting from the accident. This means you can file a claim against their auto insurance policy to seek compensation for your damages. However, if they are not at fault, you can only file a claim against your own auto insurance policy if you have purchased underinsured/underinsured motorist insurance.
If an uninsured driver causes an accident, they will have no financial safety net to pay for the injured driver’s compensation. In addition, they will face various penalties which could include fines, impoundment of their vehicle, and loss of their driving license until they can show proof of insurance.
What Happens If Someone Hits You And They Don’t Have Insurance?
If your recent accident was caused by an underinsured or uninsured driver, it is imperative that you speak with an experienced attorney as soon as possible. Since you will not have the option of seeking compensation through an auto insurance claim, you will need to proceed directly to filing a personal injury claim against them. While it is technically possible to attempt this on your own, you have a much better chance of success when you have an experienced attorney working on your case.
Easton & Easton strives to help our clients throughout southern California with their personal injury claims as efficiently as possible. We explore all compensation avenues available to our clients, assist them in proving fault for their injuries, and guide them through the legal proceedings necessary to ensure accountability. Whatever your case entails, our team can help, so contact us today to schedule a case review to learn how our firm can empower your recovery efforts. You cannot sue for a car accident if you are uninsured even if you were not impaired driving your vehicle in Michigan. You cannot sue for pain and suffering damages, medical bills, lost wages or vehicle damage repair costs even if you were completely innocent and the other driver was 100% at fault. But you can still be sued for other people’s medical bills and lost wages.
This is one of the more absurd examples of how unfair Michigan’s No-Fault auto law is. It shows how heavily the law is weighted in favor of the powerful car insurance companies. Michigan imposes the strictest and most punitive measures imaginable for uninsured drivers. And while I agree that everyone should be driving with attention, is our public policy really being served by giving immunity to drunk drivers and others who kill or seriously injure innocent people? This is an example of the punishment not fitting the crime, and a testament to the power of the insurance industry lobby that pushed this law through the Michigan Legislature.
It gets even worse for the driver who is in an uninsured car accident that is not at fault in Michigan. In addition to being barred from suing the negligent driver at fault, the uninsured driver also faces civil fines, possible jail time, and driver’s license suspension.
Car Accident Without Insurance Not At Fault California (2023)
Allowing the insurance industry to rewrite the Insurance Code in such a way that negligent drivers and drunk drivers are granted tort immunity because the people they kill, maim or seriously injure are happen to be driving without insurance exceeds the penalty of any other state. in the nation today. It only helps the auto insurance companies and their bottom lines. It was very deliberately targeted at poorer cities like Detroit that have higher numbers of uninsured and higher poverty rates. It literally protects the insurance industry at the expense of removing people’s right to a jury trial and constitutional redress for a wrong committed by another.
Michigan law does not allow an innocent and injured uninsured and not-at-fault car accident victim who was driving their own vehicle to sue the driver who caused the accident for pain and suffering damages because they do not have the proper coverage that’ n required by the no fault Law. (MCL 500.3135(2)(c))
If you were in an uninsured and not at fault car accident and injured someone, then you cannot sue for payment of your accident related medical bills and/or reimbursement for lost wages if your injuries make you disabled to return to work. .
A victim is usually entitled to recover No-Fault personal protection or PIP benefits to cover medical bills (up to the No-Fault PIP medical benefits coverage selected in the policy through which benefits are sought) and wages and was lost.
What To Do If You Are In A Rental Car Accident That Is Not Your Fault
However, if you are in an uninsured and not at fault car accident and the accident resulted in injuries to others involved in the accident – then you are barred from receiving No Fault benefits. (MCL 500.3113(b))
That means that unless health coverage or Medicare or Medicaid provides coverage, the uninsured driver will have to pay out of pocket for their medical bills and lost wages.
Typically, an accident victim can sue an at-fault driver under a Michigan small tort for up to $3,000 for vehicle damage repair costs. However, if you were in an uninsured and not at fault car accident, you are barred from making a small tort claim.
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