Child & Jackson can help you through the aftermath of a car accident in Folsom. Getting into a car accident is stressful enough. Finding out the driver who hit you didn’t have insurance—or drove away without stopping—makes things even harder. We can make things easier for you. Set up a free consultation today.
Why a Lawyer Makes Sense After a Car Accident With an Uninsured Motorist
Any car accident brings up a ton of questions, but when you find out the other driver doesn’t have insurance, it feels like you’re stuck. You almost take it for granted that the other driver is going to have insurance. So when it turns out they don’t, everything you’re left dealing with can become overwhelming.
That’s usually when talking to a lawyer makes sense. If you’re in this situation, our team can help you by:
- Going through your insurance policy with you so you understand what’s covered and what options you have
- Figuring out what happened and getting evidence that helps tell the full story.
- Dealing with the insurance company, whether it’s your own or someone else’s
- Showing what this accident has cost you
- Taking your case to court if necessary
You shouldn’t have to figure everything out on your own after a car accident, but that’s exactly what it feels like when the other driver doesn’t have insurance. We can take all the hard parts of the process for you so you can focus on getting back to normal.
What Insurance Covers an Uninsured Driver Accident in California?
This is the big question about this kind of accident. It’s true that every driver in California is required by law to carry auto insurance. But unfortunately, that doesn’t always happen. Normally, the state’s minimum liability insurance coverage is:
- $30,000 for injuries to one person.
- $60,000 for injuries to multiple people.
- $15,000 for property damage.
That’s the minimum coverage every driver is supposed to have. It’s meant to be the starting point after a car accident. That’s partly why it’s so confusing.
But when the driver who caused the accident doesn’t have insurance—or doesn’t have enough—the claims process changes.
Instead of filing a claim against their insurance company, you may have to rely on your own policy. That’s where Uninsured/Underinsured Motorist (UM/UIM) coverage comes in.
- Uninsured Motorist (UM) applies when the at-fault driver has no insurance at all. Depending on your policy, it may help cover your immediate medical expenses and car repairs.
- Underinsured Motorist (UIM) applies when the other driver has insurance, but their policy isn’t enough to cover all of your damages. Unfortunately, that’s more common than many people realize because plenty of California drivers carry only the minimum required coverage.
Most uninsured driver claims rely on UM coverage. But having that coverage doesn’t automatically mean your insurance company will pay what your claim is worth. You’re still going up against an insurance company, it just happens to be your own. And with that, it’s important to have certain evidence and information to help you.
Information That Can Help Your Claim After an Accident With an Uninsured Driver
One misconception people have about this kind of accident is that there’s no reason to get information. That seems logical. If you have to go through your own insurance policy, why would you need to show anything? But that’s exactly why information from the scene and a bit after are so important.
So, after you call 911 to report the accident and get an ambulance, it’s a good time to get a few basics if it’s safe:
- Pictures and videos of the vehicles, the scene, road conditions, skid marks, traffic signs, and any visible injuries
- The other driver’s name, driver’s license information, and license plate number
- Contact information for anyone who saw the collision happen
- Anything the other driver said before leaving the scene
Don’t worry if you can’t get everything. A few pictures and the basic details is usually enough to get started. From there, make sure the police understand that the other driver doesn’t have insurance—which they’ll likely note in their report. And that brings up another key thing: some of the information you need for your claim isn’t going to be available right away. But it’s still important to have, like:
- Medical records and bills
- The police report
- Photos showing how your injuries heal over time
- Vehicle repair estimates and property damage records
- Records showing missed work or lost income
- Notes about your pain, limitations, and how your injuries affect your daily routine
- Any emails, letters, or phone call notes from your insurance company
This sounds like a lot, and it is when you’re also dealing with pain, injuries and everything else that comes with a car accident. But there is help available, even if the other driver doesn’t have insurance.
How Does the Claims Process Work After a Car Accident With an Uninsured Driver?
This is another big question, and the answer surprises a lot of people that have been in an accident where the other driver doesn’t have insurance. It actually doesn’t change your options. You can still file a claim and get financial help for your losses, the process just works a bit differently.
Basically, if you want to start with an insurance claim, you’ll have to file with your own policy. But once that gets done, it works the same way as normal. Your company will assign an adjuster to your case, and they’ll review your policy and any evidence you give them before offering you a payout. Sometimes that’s enough to cover everything, but often isn’t.
If that’s what happens, you can still file a lawsuit against the other driver—so long as you have enough information to find them. That takes more time and effort, but the goal is the same: damages that cover your:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced future earnings
- Vehicle repairs or replacement
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
California generally gives you two years to file a personal injury lawsuit after a car accident, but it’s usually better to get started sooner while evidence is still available and witnesses’ memories are fresh.
Legal Help After an Uninsured Driver Accident in Folsom
An uninsured driver accident in Folsom can leave you with a lot of questions, but you don’t have to figure it all out on your own. Our car accident lawyers at Child & Jackson can explain your options, deal with the insurance company, and work to recover the financial help that’s available to you under your policy and the law.
If you’ve been injured by an uninsured driver in Folsom, contact us today for a free consultation. We’ll listen to what happened, answer your questions, and help you figure out the next steps.