Hit by an Uninsured Motorist? What To Know

Although the law in most states—including California—is that drivers must carry a minimum of insurance coverage, some drivers will ignore the rules. What happens if you are hit by one such driver, who is uninsured or underinsured? Learn a few answers to questions you might have after such an accident.

Will Your Insurance Pay?

First and foremost, you need to get medical treatment and get your vehicle back on the road. So, when confronted by an uninsured motorist, your primary concern is likely whether or not your insurance will kick in. The good news is that it likely will. Health care coverage you carry for medical needs in general should be your first line of defense while other insurance issues are sorted out. 

You will likely start a claim against your own collision insurance if you have it. The specifics depend on your particular policy, of course, so each person's experience will be a little bit different. But in general, collision coverage should help you get your own property damage fixed or a vehicle replaced—up to the limits of your own policies.

What About Uninsured Motorist Coverage?

In California, drivers must be offered uninsured motorist insurance coverage but are not required to buy it. If you chose to add such a policy to your bundle, you have additional good news. This is exactly the scenario you prepared for. 

However, uninsured motorist policies have specific requirements you must meet before they will pay out. You may have to prove that the other driver really has no insurance. And the person must have been at-fault in specific ways. For example, the uninsured driver often must be the one who actually made contact with your vehicle rather than just causing the accident in general.

What If They Will Not Say?

If the person at-fault for your accident will not admit to having any insurance, you can get help from law enforcement and the DMV. No matter what the circumstances of an accident with an uninsured motorist, always call local law enforcement for assistance.

Can You Sue the Driver?

Whether or not you can get some compensation from your or their insurance, you have the right to sue the at-fault party for damages. Should you do this? The answer depends on the details of the case.

One of the most important steps is determining if they have assets you can gain access to should you win financial damages. If this is likely, you will generally need to prove not just that their vehicle caused the accident but that they were negligent, reckless, or acted intentionally in some way.

What If Insurance Denies You?

Insurance companies often do not want to pay out for claims. Your own collision insurance may deny your claim. The uninsured motorist coverage may be contested. Or there may be some other type of insurance that could fit the bill but will not budge.

Disputes with insurance companies may be resolved through negotiation or arbitration, both of which happen outside of court. And if that still does not work, you have the right to sue the insurer for damages as well.

Where Should You Start?

Sadly, victims of an uninsured motorist accident often find their case more complex than average. Get the help you need by meeting with Stawicki Anderson & Sinclair. We will put our 40 years of combined experience to work for you. Call today and let us help you find all possible avenues to get the compensation you need to fully recover. We look forward to meeting with you, going over your specific case, and answering any questions you have.