What to do if You Are in an Accident with an Uninsured Motorist

In California, it is the law that every driver must have a minimum level of insurance coverage. The purpose of car insurance coverage is to insure that damages related to a car accident can be covered to a certain degree.

In the event of an accident, victims who suffer property damage, damage to their “person” (physical injuries), or other types of damages may be able to rely on the insurance coverage of a party that was negligent or determined to be “at fault.” However, some drivers break the law and drive without car insurance, which may leave others involved in an accident without a safety net to cover damages.

In cases where you may be involved in an accident with an uninsured driver, there are few options that may be helpful. The first step in deciding what to do should include contacting an experienced lawyer. A lawyer can help you to determine exactly what your insurance policy will cover in an accident with an uninsured motorist. For instance, you may or may not have insurance that specifically addresses uninsured motorists

If you’re insurance policy does not cover accidents with uninsured motorists, you may decide to sue the uninsured motorists for damages, which may involve a small claims case if damages are in the amount of $10,000 or less or a more involved civil case, if damages are in the amount of $10,000 or more.

Finally, in some cases that involve uninsured motorists, disputes can arise as to what your own insurance company will and will not cover. Here, lawyers can also help you to negotiate with your insurance company or even another person’s insurance company in the event of dispute over coverage. Often, having a lawyer negotiate on your behalf can result in a better settlement of a dispute.


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The materials and information available on this website are for informational purposes only. The materials and information available on this website are not for the purpose of providing legal advice and should not be relied upon or used in place of legal advice from an attorney. You should contact an attorney to receive advice with respect to any particular issue or problem you may have.

Last update: February 2019.