What to do if I get hit by an uninsured motorist?
If you are hit by an uninsured motorist, here’s what to do!
First, after taking all necessary steps to ensure everyone’s safety at the accident scene, file a police report. Do not avoid reporting due to emotional manipulation from the liable driver, if they say something like “Please don’t report this accident, I don’t have insurance!” or “My parents will never forgive me!” or “I can’t afford to have this on my driving record!”
Failure to report the accident could prevent you from getting compensation by either your insurance company or any other involved parties that contributed to the accident.
Additionally, it could make it difficult to prove who caused the accident, and you can face legal penalties yourself for leaving the scene of an accident unless you are seeking medical care, summoning help, or removing yourself from a potentially unsafe situation.
Remain at the accident site and call 9-1-1. When the police arrive, they will collect information such as your contact info, the liable party’s contact info, any evidence, and information about who caused the accident. The police report will serve as a record of the accident.
What is Uninsured Motorist Coverage?
Uninsured motorist coverage (and/or underinsured motorist coverage) is additional insurance which protects you if you are injured in an accident by a driver with no insurance (or not enough insurance). This is required in many, but not all 50 states of America: For example, California law does not legally require uninsured motorist coverage for your car insurance policy, but it is mandatory for insurance companies to include it in your car insurance policy by default unless you waive it in writing.
Your uninsured motorist coverage will cover “uninsured motorist bodily injury” and “uninsured motorist property damage,” which can be allocated towards recovering property damage to your car, lost work hours, and pain and suffering.
Will Uninsured Motorist Coverage pay my bills?
Most likely, the default packages of Uninsured Motorist Coverage will not have a high enough coverage limit to pay for your bodily injuries, property damage, or even premature deaths experienced in that accident. In California, typically the standard package is as follows:
$30,000 for bodily injury coverage or death per person, and
$60,000 for total bodily injury or death per accident (to all people in the other vehicle combined), and
$3,500 for property damage.
You also have the option of agreeing in writing to buy the minimum uninsured motorist coverage, which California law sets as:
$15,000 for bodily injury coverage or death per person, and
$30,000 for total bodily injury or death per accident (to all people in the other vehicle combined), and
$3,500 for property damage.
Can I sue the uninsured motorist for compensation?
Yes, you may be able to sue the uninsured motorist and be awarded damages in a court of law. However, it is best to consult with a specialized personal injury attorney regarding uninsured motorists, as there is no guarantee you will actually be able to collect a judgement or even just a portion of it, even if you win your lawsuit.
A defendant who does not have sufficient assets to respond to collection efforts or satisfy a court judgement may be referred to as “judgement-proof” by insurance companies and lawyers. As such, your insurance company, as well as many lawyers, may not pursue any action against the uninsured driver.
Can I get any money from an accident with an uninsured motorist?
Yes, it is possible that you may have a case to sue any other parties that contributed to your accident besides the uninsured driver. Depending on many factors, such as the severity of your injuries or whether you can be reimbursed and “made whole” through other sources like health insurance, your options may open up significantly.
A specialized personal injury attorney can help you explore your options to recovering your life and health back after an accident with an uninsured motorist. For example, if any other parties may have contributed to the accident, your attorney can investigate and help you sue those other parties to help you recover, even if the uninsured driver cannot afford to compensate you themselves.
Who can I sue besides the uninsured motorist?
You may be able to sue the following parties:
The vehicle manufacturer of your car or the uninsured driver’s car. If a mechanical defect (especially those that were known but not addressed) caused your accident, you may have grounds to file a claim against them.
A mechanic who recently worked on the vehicles. If they failed to repair either your car or the uninsured driver’s car properly, it could lead to an accident. Mechanics sometimes cause more damage to the vehicle in the process of attempting to repair it, and unscrupulous mechanics may try to hide this damage or incomplete repair work on the vehicle, letting it go unnoticed until it leads to an accident.
The vehicle owner. If the uninsured driver was not the owner of the car, the true owner may be liable as they knowingly allowed an uninsured driver to operate their vehicle. They also may have failed to properly maintain their car. Sometimes, the owner may share liability for an accident that occurs in the vehicle, especially if the car is owned by a corporation or is part of a fleet.
The company that employs the uninsured driver. If the uninsured driver was working at the time of the accident, their employer may share liability for the accident and can be held responsible to help pay for your injuries. If the company sets unrealistic requirements which lead to your accident.
