Recovering After an Uninsured Motorist Accident
Uninsured motorist accidents often occur due to various factors, primarily linked to financial constraints or negligence.
Many drivers simply need help to afford the high car insurance costs or may opt to forego coverage to save money despite the legal requirements. This decision can have severe consequences for everyone involved in an accident.
An experienced Lancaster uninsured motorist accident lawyer at Kuzyk Law can be your advocate, guiding you through the legal process and helping you obtain the compensation you deserve.
What Are Uninsured Motorist (UM) Claims?
An uninsured motorist (UM) claim is a request for compensation filed with your insurance company when you are involved in an accident caused by a driver who does not have insurance.
In California, drivers are required to carry liability insurance to cover damages they cause in an accident. However, many drivers fail to pay attention to this requirement, leaving others vulnerable.
UM coverage protects you in such situations by allowing you to seek compensation from your insurance provider.
In a UM claim, your insurance company essentially steps into the shoes of the uninsured driver, covering your medical expenses, property damage, and other losses up to the limits of your policy.
This type of claim can be complex, as it requires proving the other driver was at fault and lacked insurance coverage.
Working with an experienced uninsured motorist accident lawyer in Lancaster can help ensure your claim is handled correctly and you receive the compensation you deserve.
What Does it Mean to Drive Without Insurance in California?
Driving without insurance in California is not only illegal but also extremely risky. California law requires all drivers to carry a minimum liability insurance, which covers injuries and damages caused to others in an accident.
The Consequences of Driving Without Insurance in California
Fines and Penalties
Fines: You could face hefty penalties for driving without insurance. The acceptable amount may vary depending on the circumstances and your driving record.
License Suspension: Driving without insurance can result in your driver’s license being suspended. This means you won’t be able to drive for a certain period legally.
Increased Insurance Premiums: Due to the lapse in coverage, you may face significantly higher premiums once you reinstate your insurance.
Financial Ruin
If you cause an accident while driving without insurance, you could be held personally liable for all damages. This means you could be responsible for:
Medical expenses: If you injure someone in an accident, you may be liable for their medical bills, including hospital stays, surgeries, and rehabilitation costs.
Lost wages: If the injured party cannot work due to their injuries, you may be responsible for their lost income.
Property damage: If you damage someone’s property in an accident, you’ll be responsible for repairs or replacement costs.
Legal Troubles
In addition to financial consequences, driving without insurance can also lead to legal troubles. The injured party or their family could sue you, and a judgment against you could have profound financial implications.
It’s important to note that California law requires all drivers to carry liability insurance. Ensuring adequate coverage can protect you from the severe consequences of driving without insurance.
Why Do You Need a Lancaster Uninsured Motorist Lawyer in Lancaster?
Navigating the complexities of an uninsured motorist claim can be challenging. A Lancaster uninsured motorist lawyer can provide invaluable assistance by:
Investigating the accident:
Your lawyer will gather evidence to establish the cause of the accident and identify the at-fault driver.
Negotiating with your insurance company:
Insurance companies are often reluctant to pay out on UM claims. Your lawyer will have the experience and skills to negotiate a fair settlement on your behalf.
Filing a lawsuit (if necessary):
If a fair settlement cannot be reached through negotiation, your lawyer will be prepared to litigate your case.
Protecting your rights:
An experienced attorney will ensure your rights are protected throughout the legal process.
Maximizing your compensation:
Your lawyer will work to recover compensation for all your damages, including medical expenses, lost wages, pain and suffering, and property damage.
How to File an Uninsured Motorist Claim
Filing an uninsured motorist claim involves several essential steps. Here’s a breakdown of the process:
Report the accident to the police
After an accident, it’s essential to call the police and file an accident report. This document will serve as crucial evidence in your uninsured motorist claim.
Notify your insurance company.
Contact your insurance company as soon as possible to inform them about the accident. Provide them with the details of the incident and let them know that the other driver was uninsured.
Gather evidence and documentation.
Collect all relevant evidence, including photos of the accident scene, witness statements, medical records, and repair estimates. This information will support your claim and help prove the extent of your damages.
File the uninsured motorist claim.
Submit your claim to your insurance company along with all the necessary documentation. Be prepared to answer any questions they may have about the accident and your injuries.
Negotiate or consult an uninsured motorist accident lawyer if necessary
If your insurance company offers a settlement that doesn’t fully cover your losses, you may need to negotiate for a higher amount. An experienced uninsured motorist accident lawyer in Lancaster can assist with this process and help you achieve a fair settlement.
Auto Insurance Laws in California
California has strict auto insurance laws designed to protect drivers on the road. These laws include:
Financial responsibility requirements:
All drivers in California must carry minimum liability insurance coverage.
Uninsured motorist coverage:
While not mandatory, uninsured motorist (UM) coverage is highly recommended.
Underinsured motorist coverage:
Underinsured motorist (UIM) coverage can help if you are injured in an accident caused by a driver whose liability insurance limits are insufficient to cover your damages.
California’s Car Insurance Requirements
| California’s Car Insurance Requirements | Description |
| Minimum Liability Coverage | $15,000 for injury/death to one person, $30,000 for injury/death to more than one person, and $5,000 for damage to property |
| Proof of Insurance | Must be carried in your vehicle at all times |
| Penalty for Not Having Insurance | Vehicle registration suspension |
Source: California Department of Motor Vehicles
Underinsured Drivers in Lancaster Also Create Problems
Underinsured drivers—those with insurance but insufficient to cover the full extent of damages—are another concern in Lancaster.
In many cases, the minimum liability coverage required by California law is insufficient to cover the costs of a severe accident. When this happens, the injured party may need to file an underinsured motorist claim to recover the remaining damages.
Underinsured motorist coverage works similarly to uninsured motorist coverage, allowing you to seek compensation from your own insurance company when the at-fault driver’s insurance is inadequate.
This type of claim can be complicated, especially when multiple insurance policies are involved.
An underinsured motorist attorney can help you navigate the process and ensure you receive the compensation you need.
Uninsured Motorist Accident Statistics in California
A significant driver concern is the risk of encountering an uninsured motorist on California roads. Here’s a look at some concerning statistics:
High Percentage of Uninsured Drivers: According to the Insurance Information Institute, 17.0% of California drivers lacked auto liability insurance in 2022. Nearly one out of every five drivers on the road may be uninsured.
National Comparison: While California’s uninsured driver rate is concerning, it’s important to note that it falls below the national average. ValuePenguin reports that the national uninsured motorist rate is around 13.2%.
Underinsured and Uninsured Motorist Coverage. What’s The Difference?
Understanding the difference between underinsured and uninsured motorist coverage is crucial when protecting yourself on the road:
Underinsured
This type of coverage kicks in when the at-fault driver has insurance, but their policy limits are insufficient to cover your damages. Your underinsured motorist coverage will pay the difference up to the limits of your policy.
Uninsured
This coverage applies when the at-fault driver has no insurance at all. Your insurance company will compensate you for your damages, up to your policy limits as if they were the at-fault driver’s insurer.
How Insurance Companies Challenge UM/UIM Claims
Insurance companies are businesses whose primary goal is to protect their profits. As a result, they often challenge uninsured and underinsured motorist claims in an attempt to minimize payouts. Some common tactics include:
Disputing Liability:
The insurance company may argue that you were partially or fully at fault for the accident, reducing their liability.
Questioning the Severity of Your Injuries:
They may claim that your injuries are not as severe as you say, attempting to reduce the amount of compensation you receive.
Offering Lowball Settlements:
The insurance company may offer a settlement that doesn’t fully cover your damages, hoping you will accept it to avoid a lengthy legal battle.
An experienced uninsured motorist accident lawyer in Lancaster can help counter these tactics by gathering strong evidence, negotiating with the insurance company, and, if necessary, taking your case to court.
Client Testimonials: Real Voices, Real Results
Don’t just take our word for it—hear directly from our satisfied clients. Here are a few testimonials from individuals who have experienced the Kuzyk Law difference:
Testimonial 1:
“I was in a car accident and didn’t know what to do. Kuzyk Law guided me through the entire process, from gathering evidence to negotiating with the insurance company. They were always available to answer my questions and kept me informed every step of the way. I’m so grateful for their help.” – Julai E.
Testimonial 2:
“After my accident, I was overwhelmed and unsure of my rights. The team at Kuzyk Law took the time to explain everything to me and made me feel like I was in good hands. They fought tirelessly for me and secured a fair settlement. I couldn’t be happier with the outcome.” – Luis A.
Lancaster Uninsured Motorist Accident Lawyer FAQs
What should I do if I’m in an accident with an uninsured motorist in Lancaster?
If you’re in an accident with an uninsured motorist, it’s essential to remain calm and take the following steps:
- Call the police and file an accident report.
- Exchange contact information with the other driver, but avoid discussing fault.
- Seek medical attention, even if you don’t feel injured.
- Contact your insurance company to report the accident and file an uninsured motorist claim.
- Consult with a Lancaster uninsured motorist accident lawyer to discuss your legal options.
Can I still recover compensation if the at-fault driver is uninsured?
Yes, you can recover compensation through uninsured motorist coverage, designed to protect you when the at-fault driver lacks insurance. Your insurance company will compensate you for your damages up to the limits of your policy.
What does uninsured motorist coverage typically include?
Uninsured motorist coverage typically includes compensation for medical expenses, lost wages, pain and suffering, and property damage. The exact coverage will depend on your insurance policy’s terms.
How long must I file a claim after an uninsured motorist accident in California?
In California, you generally have two years to file a personal injury claim from the accident date. However, you must notify your insurance company and start the claims process immediately to avoid delays.
What evidence is needed to support my uninsured motorist accident claim?
To support your claim, you will need evidence such as the police report, medical records, photos of the accident scene, witness statements, and any other documentation that proves the extent of your damages.
Contact a Lancster Uninsured Motorist Accident Attorney for a FREE Consultation Today!
If you’ve been involved in an accident with an uninsured driver, don’t wait to seek legal help. Contact Kuzyk Law today for a free consultation with a Lancaster uninsured motorist accident lawyer. We’ll review your case, answer your questions, and help you understand your legal options. With our experienced team, you can focus on your recovery while we handle the legal details.
