1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

What Happens When You Are Injured by an Uninsured Driver?

Posted on in Personal Injury

California accident lawyer, California car crash attorneyNearly 15 percent of California drivers operate a vehicle without car insurance. This is above the national average of 12.6 percent. Many more California drivers are underinsured, meaning that their policy limits will not cover the property damage and bodily injuries resulting from a serious accident. Accident victims wonder what will happen to them if they get into a car accident where there is no insurance policy.

In these situations, the insurance coverage of the driver who was not at fault will typically come into play. If the uninsured driver has substantial assets that could cover the injuries, it may be possible to sue the at-fault driver. Wage garnishment may also be an option. However, typically those who drive without insurance do not have such assets.

Types of Coverage

There are several avenues of coverage you may wish to pursue for your injuries from an accident with an uninsured or underinsured driver:

  • Your collision coverage policy. The insurance policy you pay for will cover damage to your vehicle. In order to have your repairs paid for, you may be required to pay a deductible. If you do not have this coverage, you will have to rely on uninsured motorist insurance or a suit directly against the driver;
  • Medical payments coverage. Your car insurance policy may include “med pay” coverage, which will pay for items such as hospital charges, medical testing, surgeries, physical therapy, and acupuncture;
  • Your health insurance. Your healthcare coverage (either through your employer or purchased on the exchanges) will cover your medical bills, subject to deductibles and co-pays. Sometimes health insurance companies will force your car insurer to pay for these costs if the accident was caused by an uninsured driver; and
  • Uninsured motorist (UM) coverage. This type of coverage is required by California for all drivers and will be applied after collision and medical payment coverage are exhausted. UM insurance will also pay for lost wages and pain and suffering, subject to policy limits, which can range from $25,000 to $100,000 per car.

Penalties for Uninsured Drivers

There are consequences for drivers who forgo car insurance, including:

  • Fines of up to $1,800;
  • Vehicle impoundment;
  • License suspension of one to four years; and
  • Increased insurance premiums.

While these penalties do not help the car accident victims who need compensation, they do serve as a deterrent for placing the public at risk by not carrying car insurance.

Contact a San Jose, CA Uninsured Car Accident Attorney

If you believe that your insurance company is not properly handling your claim or if your claim involves serious bodily injury, you should contact a personal injury attorney. An attorney will review the facts of your case and determine if you are being fairly compensated. Just because an uninsured or underinsured driver caused your accident, does not mean that your injuries should go unaddressed. Call the experienced San Jose auto accident lawyers at Jachimowicz Law Group today at 408-246-5500.

 

Sources:

http://www.iii.org/fact-statistic/uninsured-motorists

http://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top