5 Key Things to Do After an Accident With an Uninsured Driver

5 Key Things to Do After an Accident With an Uninsured Driver

uninsured driver

Only 12 states operate with a no-fault-based auto insurance system, and California doesn’t fall into this category. Instead, California has a fault-based system. 

In a fault-based system, the person who caused the car accident is responsible for paying the damages caused. Therefore, if someone causes an accident, you must seek damages from that person.

This system works well until you encounter a collision with an uninsured driver. So, what should you do if an uninsured driver hits you?

Here is a guide that explains five vital things to do after you encounter an accident with an uninsured driver.


1. Call the Police 

After a car accident, the first thing you should do is call the police. While you can experience many types of car accidents, you should report them all. The best way to report them is by contacting the police. Calling the police serves several purposes:

  • Documents the accident
  • Records vital information
  • Promotes road safety
  • Assists with medical problems

When the police arrive, they’ll ask each driver for their driver’s license and proof of insurance. When the other driver can’t produce proof of insurance, you’ll know that settling this accident will likely involve more challenges. After all, having auto insurance is a legal requirement in California. 


2. Gather Information and Evidence

uninsured driver

The second thing you might need to do is gather information and evidence relating to the accident. This step is especially important when you collide with an uninsured driver. 

As mentioned, California is one of the at-fault states in auto accidents. States with an at-fault system require the at-fault driver to pay for the accident’s damages. 

When the police assess the accident scene, they can generally figure out who is at fault. If not, you’ll need a great lawyer to analyze the situation to prove the uninsured driver caused it. 

On the other hand, no-fault states require each driver to file a claim with their own insurance carrier. You can learn more about how insurance companies determine fault by reading this article

If you collide with an uninsured driver in a no-fault state, you won’t have to worry about fighting for compensation. You’ll simply use your own policy to receive it. 

The police will discover that the driver that hit you didn’t have insurance. At that point, they will likely write a violation to that driver, as this is against the law. They will tell you how they’ll handle this issue. 

While the police will gather most of the details, you might want to gather some information before leaving the accident scene. One of the best ways to do this is by taking pictures. 


3. Seek Medical Help

When you collide with anyone, whether they have insurance or not, you should consider seeking medical help. Some injuries are more severe than others, and some don’t even appear right away. 

Seeking medical help after an accident serves two main purposes. First, it provides evidence that your injuries occurred from the collision. Secondly, it offers the medical assistance you need to help with your injuries.

If the uninsured driver caused this accident, they would be responsible for paying your medical bills. Therefore, you must seek medical help to ensure that you can seek compensation from that person. 


4. Contact a Lawyer 

personal injury lawyer

When you start feeling better after the accident, you’ll need to look for a car accident lawyer. Unfortunately, settling a case with an uninsured driver isn’t a simple task. In fact, it can turn into a battle that requires legal help. 

As you look for a lawyer, make sure you choose one with experience and a great reputation. You can look up reviews and testimonials to learn more about a lawyer’s experience and reputation if you’re interested. 

Your car accident lawyer will review the evidence and facts to determine the best course of action for you to take. Your lawyer will research the at-fault driver’s record to determine if this person has a history of driving violations.

When your lawyer will read the police report as they research your case. It should state who is at fault. If it lists the uninsured driver, you’ll have fewer challenges as you seek to collect compensation for your damages. 

You can’t choose just any lawyer for a case like this if you want great results. You need one that knows this particular type of case, and the best way to find one is to look for one with experience with uninsured lawsuits. 


5. File a Claim or a Lawsuit

You have several types of recourse for settling your case, and you might want to use both. Your lawyer will help you decide. 

The first option is to file an insurance claim with your insurance provider. If you have uninsured and underinsured motorist coverage, your insurance company must pay the damages. These two insurance types protect drivers when uninsured or underinsured drivers cause accidents, and you should always carry these coverage types for your protection.

The downside with these coverage types is that they have limits. You can read through your policy to see these. The limits allow you to receive up to a certain amount of money. However, the coverage might not be sufficient if you have major injuries, such as traumatic brain trauma or spinal injuries. In this case, you can move on to the next step. 

The second course of action you can take is filing a lawsuit against the at-fault driver. If this person drove without insurance, they broke the law. The state might pursue criminal charges against the person for this action.

You can sue for the damages, though, as you shouldn’t have to use your own insurance for an accident they caused. If you win the case, the uninsured driver must pay you the damages. 

As a result, the uninsured driver might lose the cash they have in the bank, their home, or other assets. They will be responsible for paying this money. A great car accident attorney can help you file your case and seek compensation for all your damage. 


Hit By an Uninsured Driver? Contact the Best Lawyer for Help

car accident lawyer

Car accidents happen every day, but dealing with an accident caused by an uninsured driver is more challenging. You shouldn’t face this event alone, as you might encounter challenges navigating through the process.

Instead, contact Car Accident Lawyer Daniel Kim. Our law firm can assist you with your car accident situation and help you receive the compensation you’re entitled to in your case.