Being struck by a driver who does not carry auto insurance can leave someone unsure of their next steps. The situation can feel confusing because you cannot follow the normal process of exchanging insurance information.
When learning what to do in an accident with an uninsured driver, it is helpful to understand that California law still provides a process for gathering information, protecting health, and initiating an insurance claim. The steps are meant to help keep things simple while also protecting someone’s legal rights.
Below, our Long Beach, California car accident lawyers go over those steps. If you have any questions, please contact us today.
Understanding What Happens to Uninsured Drivers in an Accident
Many people wonder about the rules that apply when an at-fault driver is uninsured. Under California law, drivers are required to maintain financial responsibility, typically by carrying auto liability insurance.
When insurance is not in place, the driver can face fines and may have their registration suspended. These penalties do not resolve the injured person’s claim, but they help explain what happens to uninsured drivers in an accident from a legal standpoint.
Before reviewing the steps to take, it is helpful to know that compensation usually comes from two sources when the at-fault driver is uninsured: the injured person’s own uninsured motorist coverage or, in some cases, the at-fault driver’s personal assets.
An attorney can help explain what is possible, but expectations should remain reasonable, as every case is unique.
What to Do in an Accident with an Uninsured Driver
Knowing what to do in the event of an accident with an uninsured driver helps make the situation less stressful. These steps do not guarantee a specific outcome, but they help protect the injured person’s rights and strengthen their claim.
Step 1: Ensure Safety and Call Law Enforcement
The first priority should always be safety. Vehicles should be moved to a safe area when it can be done without causing further harm. Call emergency services by dialing 911 if there are injuries or if the vehicles are blocking traffic.
Law enforcement should respond to the scene when an uninsured driver is involved, allowing an officer to prepare a police report. This report is important because it records how the collision occurred, lists the names of the people involved, and notes whether the at-fault driver admitted to having no insurance.
These details can help when starting an uninsured motorist claim later. Even when injuries feel minor, waiting for the officer can help protect the record of what happened.
Step 2: Exchange Information and Document the Scene
Although there may not be insurance information to exchange with the uninsured driver, other relevant information can still be gathered, such as their name, address, phone number, and driver’s license details. Also, take photos of both vehicles, the roadway, and any visible injuries. The goal is simply to create a clear record.
Gather information from witnesses if any are present. Even a short statement from someone who saw the crash can help support how the collision occurred. These steps help make the claim process smoother.
Step 3: Seek Medical Care Promptly
Accident victims should seek medical attention after any collision. Some injuries do not present immediately because adrenaline can mask symptoms. A doctor can examine injuries, document them, and demonstrate a link to the accident.
Medical care is essential not only for health but also for the insurance process. Delaying treatment allows an insurance company to question the cause of the injuries. Going to a doctor early helps avoid that problem.
Step 4: Notify Your Insurance Company
Notify your insurance company as soon as possible after the collision. When the at-fault driver has no insurance, the claim typically proceeds under the injured party’s uninsured motorist coverage, commonly called “UM coverage.” It is usually part of a standard auto insurance policy unless it was rejected in writing.
The insurance company may ask for the police report, photos, and medical records. It is essential to answer questions truthfully, but refrain from guessing or speculating about facts that are unclear.
Step 5: Start an Uninsured Motorist Claim
An uninsured motorist claim is a claim made with the injured person’s own insurance company. The coverage steps into the place of the at-fault driver’s liability insurance.
Payments may be available for medical bills, lost earnings, and vehicle repairs, depending on the policy limits. The purpose of UM coverage is to provide financial protection when the at-fault driver did not follow the law and did not carry insurance.
It is essential to maintain reasonable expectations. Insurance companies investigate UM claims just as they would any other claim, including fault, medical treatment, and the nature of the injuries. The process may take some time. Having the proper documents ready can help things move smoothly.
Step 6: Consider Contacting an Uninsured Motorist Accident Lawyer
Talking with an uninsured motorist accident lawyer can be helpful when you have questions about coverage, damages, or the claims process.
A lawyer can explain legal terms that appear in the policy, such as “arbitration,” which is sometimes used for UM claims. The goal is to make the process easier to understand and to help the injured person focus on healing.
When an at-fault driver does not have insurance, the injured person may be unsure about where and how to obtain compensation. An attorney can explain the coverage that applies, outline the possible outcomes, and help keep expectations reasonable by focusing only on what the law allows.
Step 7: Understand When an Uninsured Car Accident Lawyer May Assist
An uninsured car accident lawyer can help review insurance policies, determine applicable coverage, and manage communication with the insurance company.
This assistance can be helpful because the process can feel overwhelming, especially when dealing with injuries. The attorney’s role is to guide the claim process, explain the legal requirements, and ensure that deadlines are met.
Talk with The Beliz Law Firm for Guidance
Beliz Law Firm has helped many people understand the rules and processes that apply after a motor vehicle crash. When injuries occur, and the at-fault driver is uninsured, guidance can make the situation less stressful.
We can explain the next steps, review the available coverage, and help the injured person stay informed throughout the claim process.
If you need help understanding what to do in an accident with an uninsured driver, please reach out to Beliz Law Firm to discuss your options. We’re here to help.
Michael A. Beliz, Esq., established The Beliz Law Firm in the spring of 2011. Michael has been a practicing attorney since 2006 and worked for two of the most prominent plaintiff’s personal injury law firms in Southern California. He has worked on and handled hundreds of cases as an attorney in all types of personal injury cases, including vehicle accidents, pedestrian accidents and dog bites, and successfully recovered millions of dollars for his clients.
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