What If I Were Hit By An Uninsured Driver During A Holiday In California?

Here’s a list of recommended steps you can take:

California boasts a large population and a vast network of roads. These could make motorists and pedestrians more vulnerable to accidents. That’s especially true during major holidays, such as Memorial Day, Christmas, and Thanksgiving.

You’ll likely see congestion on busy freeways like the I-5, I-405, and Route 101 as travelers rush to vacation spots or to visit loved ones. With more drivers likely to make errors due to distractions, speeding, and other factors, the risk of crashes increases.

Your Options After A Holiday Crash With An Uninsured Driver

California is a fault state. That means the driver responsible for a crash typically covers the damages you incurred through insurance claims.

You might be wondering, “How does fault apply if the driver does not have insurance?” It is still basically the same. Even if there is evidence that they caused the accident, they are still at fault. What can change in this scenario is where you seek compensation if the other party is uninsured.

Using Your Own Insurance Coverage

Generally, the DMV requires drivers to carry auto liability insurance. In cases of uninsured motorist accidents, you can use your available coverage to pay for your losses.

What you can seek depends on the specifics of your insurance policy. Some drivers have multiple forms of coverage. Meanwhile, others maintain only the minimum required insurance. The California Department of Insurance has outlined the available options for motorists. Here are some of them:

• Uninsured Motorist Coverage — California law requires insurers to offer Uninsured Motorist (UM) coverage with all auto insurance policies. However, you don’t need to get it. A policyholder may waive this coverage by providing written consent. Your auto insurance may also apply even if you were hit as a pedestrian by an uninsured driver.

  There are categories to this coverage:

  • Uninsured Motorist Bodily Injury Coverage (UMBI) — UMBI can cover:
    • Medical bills
    • Lost wages
    • Pain and suffering

    UMBI coverage can also compensate your passengers for injuries resulting from the accident. To file a claim, you will need to provide details about the incident, including a statement to your insurer.

  • Uninsured Motorist Property Damage (UMPD) — This coverage has a limit of up to $3,500 and can cover the costs of vehicle repairs after an accident with an uninsured driver. However, this coverage may not be necessary if you have collision coverage.
• Collision Coverage — Collision insurance may cover the cost of vehicle repairs or replacement, subject to your deductible. Once you pay the deductible, your insurer will cover the remaining repair costs up to the vehicle’s actual cash value. This coverage may apply regardless of fault. That makes it a potential source of compensation when the driver who hit you is uninsured.
• Medical Payment Coverage — Also known as MedPay, this optional coverage may help pay for necessary medical bills related to the accident. It can apply to you and your passengers.
• Health Insurance — Several types of health insurance could cover medical expenses resulting from the accident. These can include:
  • Employer-sponsored plans.
  • Private health insurance.
  • Public programs such as Medi-Cal or Medicare.

  Coverage depends on the terms and conditions of the applicable policy. Depending on the treatments recommended by the physician, these costs may include urgent care, hospital stays, physical therapy, chiropractic care, surgery, and other necessary medical procedures.

These options may not always be available. Reviewing your insurance policy is essential to determine what coverage applies. For further clarification, consider contacting your insurance agent.

Filing A Personal Injury Claim Against The Driver

Apart from insurance coverage, you may also consider filing a personal injury claim, especially if you sustained injuries and other losses. When someone else’s negligence caused the accident, victims in California can pursue a civil case. To file one, you must establish the following elements of negligence:

• Duty — The driver had a legal responsibility to act with reasonable care to avoid harming you.
• Breach — The driver failed to meet that legal obligation.
• Causation — The breach of duty caused the accident. For instance, the uninsured driver was tailgating you. They then caused a rear-end collision due to a sudden change in traffic.
• Damages — There must be evidence that you suffered actual losses due to the incident, such as medical bills.

Can I File Both A UM Claim And A Lawsuit?

Generally, it is possible to file a UM claim with your insurer and also sue the at-fault uninsured driver. These are separate avenues for seeking compensation.

With a lawsuit, you don’t have to negotiate a settlement with the driver’s insurer. Instead, you must prove the driver’s liability directly in court. However, suing uninsured drivers can be expensive and time-consuming. Even if you win, the driver might not be able to pay the judgment.

What If I Were Hit By An Uninsured Driver During The Holidays In California?

There could be challenges in seeking compensation through an insurance or personal injury claim during the holiday season:

• The Driver Has Limited Financial Capacity — Since the driver is uninsured, they may not have the financial means to pay for the damages directly. The holidays may exacerbate this issue due to expenses related to preparing for Thanksgiving, Christmas, and New Year’s.
• Personal Injury Claims Can Be More Complex — Filing a civil case can be a longer process compared to filing an insurance claim. There is also no guarantee of the outcome.
• Delays Are Possible — Accidents are more likely to occur during the holidays. During this time, more people drive to spend time with their families. If you’re asking, “Do holiday accidents affect insurance claims or timelines?” The answer may depend on the situation. When businesses close and insurance claims accumulate, insurance companies often delay processing them, leaving injured people waiting longer for responses and payments.

Nevertheless, insurers remain responsible for handling claims promptly. If yours takes too long to get back to you, ask for an update. If they are unresponsive or uncooperative, you can also file a complaint with the California Department of Insurance.

Remember: even if a driver doesn’t have insurance, they can still be held liable for damages. In some cases, a driver may be uninsured simply because they failed to renew their policy or faced other unforeseen circumstances. In complex cases, an accident attorney can explain your possible legal options.

When Legal Guidance May Help After A Holiday Uninsured Driver Crash

Seeking legal support may be necessary in the following scenarios:

• Shared Liability — Being uninsured does not automatically mean a driver is at fault. In some cases, you might share responsibility. For instance, suppose you were distracted and braked suddenly at an intersection, causing a rear-end collision. When this happens, further investigation and evidence may be necessary. An accident lawyer can advocate for a fair assessment of fault. This process is vital because compensation depends on each party’s share of responsibility. In a lawsuit, a court could reduce your potential award by your percentage of fault.
• Bad Faith Insurance — In uninsured motorist accidents, you may have to deal with your insurer. Insurance companies must handle claims fairly and in good faith. However, there are instances where insurers unreasonably delay, undervalue, or deny valid claims. In California, policyholders can take legal action against an insurer if it acts in bad faith.

Every case is different. You may face additional legal issues after an accident involving an uninsured driver during a holiday. While legal support is not always necessary, thinking, “I need a personal injury lawyer,” is reasonable if you run into challenges and aren’t sure how to tackle them. An attorney can:

• Determine if you have a valid claim.
• Identify the potentially at-fault party in your accident.
• Help establish liability using available evidence.
• Negotiate with insurers and other parties for a potential settlement.
• Represent you in court if legal action is necessary for your case.

Why Holiday Driving Increases Uninsured Motorist Crashes

You may be more likely to get into a car accident with an uninsured motorist during major holidays. Here are some common reasons why:

• More People Are on the Road — Many people travel to make the most of their time off. Congestion and the rush that comes with holidays may cause some motorists to act recklessly. In fact, a holiday driving guide will always tell you to drive cautiously because these behaviors are more likely to cause accidents:
  • Speeding
  • Making improper lane changes
  • Tailgating
• It’s a Time for Celebration — Holidays like the Fourth of July are also a time for socializing and celebrations. These events often involve alcohol, which can, unfortunately, lead to a higher risk of impaired driving.

If you get involved in a holiday crash, there may be a chance that the at-fault driver does not have coverage to pay for your damages. According to the Insurance Information Institute (Triple-I), approximately 20.4% of drivers in California were uninsured in 2023.

What California Law Says About Uninsured Drivers

It is illegal to drive without auto insurance in California. Under the law, a driver’s policy must meet these requirements for minimum liability insurance:

• $30,000 for accidents involving injury or death to one person.
• $60,000 for incidents that involve injury or death to more than one person.
• $15,000 for accidents involving property damage.

Since this coverage is mandatory, it is a serious issue to deal with an uninsured driver. They will likely face legal consequences. However, for accident victims, it generally means that pursuing compensation will be more challenging. California law allows them to seek damages in a civil case.

Frequently Asked Questions

Below are some common questions victims may have if their accident involves an uninsured driver. However, it is advisable to consult an attorney who handles uninsured motorist accident claims for guidance tailored to your specific situation.

Will My Insurance Rates Increase After A UM Claim?

Generally, no. In California, Proposition 103 stops insurers from increasing premiums after you file a UM claim. They also cannot cancel or refuse to renew a policy for this reason. If you’re not sure an uninsured motorist claim is available to you, our attorneys at Arash Law can help you figure it out.

What Should You Not Say When Making An Insurance Claim?

Don’t say anything subjective that the insurance company could misinterpret. Keep conversations with your insurer factual and exact.

In particular, avoid making speculative or emotional statements that could inadvertently affect your claim. For example, don’t say, “I might have been following too closely,” unless you’re sure.

It is critical to safeguard yourself by providing only confirmed information to the insurance adjuster, who is there to examine your claim. If you have legal representation, you can ask for free accident lawyer advice on what not to say when dealing with insurers.

Can You Sue An Uninsured Driver In California?

If someone hits you and causes you harm, you could sue them for personal injury. You have the right to pursue financial compensation from the at-fault party even if they are uninsured.

However, there can be challenges. For instance, a driver without even basic liability insurance is likely to be unable to afford court-ordered damages. Consider getting legal guidance from accident attorneys to learn what you can do to seek compensation in these situations.

How Long Do You Have To File An Uninsured Motorist Claim In California?

There is a 2-year statute of limitations in California for injury claims. These include accidents involving uninsured drivers. However, if the claim involves property damage, the time limit is three years from the date of the accident.

For claims involving your own uninsured motorist coverage, the deadline may vary by insurer. It’s best to notify your insurance company and file your claim promptly to avoid denials.

How Much Does A Car Accident Lawyer Cost In California?

Several factors determine the cost of hiring a California vehicle accident attorney. These include the intricacy of your case and the resources necessary to resolve it. As a result, the exact amount of their fees may vary.

However, affordability might be an issue. If so, you may be wondering whether your auto insurance could pay for an accident attorney. The short answer is that most policies don’t. If yours is among them, another option is to hire car accident lawyers who work on a contingency-fee basis.

A common question about this payment structure is, “Do lawyers only get paid if they win?” Under this arrangement, clients pay their attorneys only if there is a successful recovery. In this scenario, lawyers would take a percentage of the final settlement or award that has been previously agreed on.

You Can Get Legal Help After An Uninsured Driver Hits You

Accidents involving uninsured drivers can make seeking damages more challenging. You don’t have to feel discouraged, even if this is the case. You still have options for pursuing compensation for your losses.

The uninsured motorist accident lawyers at AK Law are here to provide legal support. We can help review your insurance policy and explain alternative avenues available to you. For a free initial consultation, call us at (888) 488-1391.