Getting hit by an uninsured driver can feel overwhelming. You’re injured. Your car’s damaged. And the person who caused all this? They don’t have insurance to cover your losses. Don’t admit fault. Don’t apologize at the scene. California follows comparative negligence rules, which means anything you say could hurt your ability to recover compensation later. Let the police handle documenting what happened in their official report.
Can I Still Recover Compensation Without The Other Driver’s Insurance?
Yes, you can. California law requires drivers to carry uninsured motorist coverage as part of their auto insurance policy. This coverage exists for exactly this situation. When someone without insurance hits you, your own insurance company steps in to cover your medical bills, lost wages, and other damages. According to the Insurance Information Institute, approximately 16.6% of California drivers are uninsured. That’s nearly one in six vehicles on the road. Your uninsured motorist coverage protects you from these drivers.
The coverage breaks down into two parts:
- Uninsured Motorist Bodily Injury (UMBI) pays for medical expenses, lost income, and pain and suffering
- Uninsured Motorist Property Damage (UMPD) covers damage to your vehicle
Most California policies include UMBI coverage automatically unless you have rejected it in writing. UMPD coverage is optional, but you’ll want it if you don’t have collision coverage.
What If My Uninsured Motorist Coverage Isn’t Enough?
Your policy limits determine how much you can recover. When your injuries exceed those limits, you’ve got options. A Tarzana car accident lawyer can help you figure out what additional avenues exist for getting compensation. You might sue the uninsured driver directly. This often proves challenging because people without insurance typically don’t have assets to pay a judgment. But in some cases, it’s worth pursuing if the driver has property or other resources. Underinsured motorist coverage also comes into play if you carry it. This kicks in when the at-fault driver has insurance but not enough to cover your full damages.
Will Filing A Claim Raise My Insurance Rates?
No. California law prohibits insurance companies from raising your rates when you file an uninsured motorist claim, and you weren’t at fault for the accident. This protection appears in the California Insurance Code. You shouldn’t hesitate to use the coverage you’ve been paying for all this time. Your insurance company might resist paying your claim. They might offer a low settlement. A Tarzana car accident lawyer will remind you that even though this is your own insurance company, they’re still a business trying to minimize payouts. They may dispute how badly you’re hurt or argue about what your claim is worth.
How Does California’s No Pay No Play Law Affect My Claim?
California has what’s called a “No Pay No Play” law under Vehicle Code Section 16430. If you were driving without insurance when the accident happened, this law restricts your ability to recover certain damages. You can still get compensation for economic losses like medical bills and lost wages. But you can’t recover non-economic damages such as pain and suffering. That’s a significant limitation, but it only applies if you were uninsured. Had valid insurance coverage at the time of the accident? You retain full rights to pursue all types of damages.
What Role Does Legal Representation Play?
Insurance companies often undervalue claims. They use delay tactics. They hope you’ll give up or accept less than you deserve. Having representation from Goldberg Injury Lawyers means someone fights for your rights while you focus on recovery. Our team knows how to document your injuries properly, calculate what your claim is actually worth, and negotiate with insurance adjusters who’ve learned every trick to minimize payouts.
Legal representation becomes particularly important when you’re dealing with serious injuries or disputed claims. Don’t let an insurance company take advantage of you during a vulnerable time. Reach out to discuss your situation and understand all available options for recovering the compensation you deserve.
