How to Handle Uninsured Driver Car Accidents in Kern County

Uninsured Driver Car Accidents in Kern County

Car accidents are a fact of life in Kern County, with its busy intersections and sprawling highways. When an uninsured driver causes a collision, a very stressful situation can escalate into a legal and financial nightmare. Our experienced Kern County car accident lawyers can help you navigate this tricky situation.

How Many Drivers Are Uninsured in California and the U.S.?

Like most states, California has financial responsibility laws requiring all drivers to carry a mandatory minimum of auto insurance coverage under the California Vehicle Code Section 16020. Despite the legal prohibitions, many drivers still operate uninsured. According to the Insurance Information Institute (III), in 2022, approximately one in seven drivers in the U.S. were uninsured. California ranked number 11 in the nation for uninsured motorists. An estimated 17% of all drivers did not have the insurance coverage required by law.

What Are the Challenges in Uninsured Driver Cases?

When the at-fault driver is uninsured, handling an accident is rarely straightforward. A seasoned car accident lawyer can help ensure your rights are protected. Victims may face a variety of obstacles, including the following:

• Disputes over fault: An uninsured driver may argue that you were fully or partially at fault for the crash. California follows a pure comparative negligence rule, meaning your compensation may be reduced by the percentage of fault assigned to you.
• Insufficient insurance coverage: Even if you have uninsured motorist (UM) coverage, policy limits may not cover severe injuries or extensive property damage. It may be necessary to pursue additional compensation through other avenues.
• Lack of cooperation from the other driver: With no insurance to consider, the at-fault driver may be less motivated to cooperate with others involved in the crash. They may provide false information or refuse to communicate.

What Are Your Legal Options After an Uninsured Driver Accident?

After a serious collision that was someone else’s fault, you are entitled to seek compensation for your losses. If the at-fault driver is uninsured, you may feel like you have hit a roadblock. Knowing your rights and options can help you navigate the process. Dealing with an uninsured driver may require a multi-pronged approach, recovering compensation from multiple sources, such as the following:

• Uninsured motorist coverage: If your auto insurance policy includes UM coverage, your insurance company can step in to cover costs. Although this process should be relatively straightforward, disputes can arise over the value of your claim.
• Collision coverage: Even if you do not have UM coverage, collision coverage can pay for damage to your vehicle, regardless of fault.
• MedPay coverage: This optional coverage pays for medical expenses for you and your passengers, regardless of who was at fault for the crash, a valuable addition to your policy when an at-fault driver is uninsured.
• Small claims court: When a minor accident causes damages within the small claims limit of $12,500, you may sue the uninsured driver for compensation in small claims court, pursuant to the California Code of Civil Procedure, Section 116.221. The challenge is collecting a judgment from a driver who could not afford auto insurance.
• Civil lawsuit: If injuries are severe and damages are significant, you may have the option to file a civil lawsuit against the uninsured driver. However, this route can be costly and time-consuming, particularly if the defendant lacks the means to pay.

What Should You Do After a Crash Caused by an Uninsured Driver in Kern County?

In the aftermath of a collision with an uninsured driver, it is crucial to stay calm and evaluate the situation if you are able. Although the other driver is uninsured, approach the problem as you would any car accident:

• Prioritize safety: Check for injuries, move to a safe location if possible, and turn on your hazard lights to alert other drivers.
• Call 911: Even if the accident seems minor, report it to the police. A police report is necessary for insurance claims and potential legal action. If anyone involved in the crash is injured, get emergency medical attention.
• Collect evidence and document the scene: Take photos of the accident scene, vehicle damage, and any visible injuries. Get contact information for any eyewitnesses.
• Exchange information: Get the other driver’s name, contact information, and license number. An uninsured driver may be reluctant to give you this information, but he or she is legally required to provide it.
• Call your insurance company: Report the accident to your insurer, particularly if the other driver is uninsured. Some policies require policyholders to report accidents within 24 to 48 hours.
• Get medical attention: Even if you do not believe you were seriously hurt, seeing a doctor as soon as possible is vital to protect your health and provide a critical document to support a claim.
• Speak with an experienced Kern County car accident lawyer: A seasoned personal injury attorney can explain your options, assess the other driver’s ability to pay, negotiate on your behalf to secure a fair settlement out of court, explore all possible sources of compensation, and represent you in court if you decide to file a civil lawsuit against the at-fault driver.

Why Choose Us After a Car Accident in Kern County Caused by an Uninsured Driver?

Our founding attorney at James McKiernan Lawyers has more than 50 years of legal experience. He has been awarded membership in the Million Dollar Advocates Forum; an honor bestowed on less than 1% of all lawyers in the U.S. We have the knowledge, skills, and resources to handle the most serious and complex personal injury matters. If you have been injured in a car accident caused by an uninsured driver, call us at 800-200-4878 to find out how we can help.