Discovering the at-fault driver has no insurance adds insult to injury after a car accident. You’re already dealing with pain, medical bills, and vehicle damage, and now you face the prospect of recovering compensation from someone who may have little to no assets. This situation happens more often than most people realize, leaving victims worried about how they’ll pay for treatment and repairs.
California law requires all drivers to carry minimum liability insurance, but thousands of motorists ignore this requirement and drive uninsured. When you’ve been hurt by an uninsured driver, you still have options for recovery. At Big Joe Law, we help accident victims navigate these challenging situations and pursue every available avenue for compensation.
Your Own Insurance Policy May Provide Coverage
Many people don’t realize their own auto insurance policy may cover accidents caused by uninsured drivers. Uninsured motorist coverage, often abbreviated as UM, pays for your injuries and damages when the at-fault driver has no insurance. This coverage exists specifically for these situations, and California law requires insurance companies to offer it to all policyholders, though you can decline it in writing.
Underinsured motorist coverage, or UIM, works similarly but applies when the at-fault driver has some insurance but not enough to cover your losses. For example, if your medical bills and other damages total $100,000 but the at-fault driver only has $25,000 in coverage, your UIM coverage can make up the difference. These coverages often have the same limits as your liability coverage, though you may have purchased different amounts. Reviewing your insurance policy or contacting your agent can help you determine what coverage you have available.
Filing a Claim Against the Uninsured Driver Directly
You can pursue compensation directly from the uninsured driver through a personal injury lawsuit, even if they lack insurance. If you win your case, the court may award you damages for medical expenses, lost wages, property damage, and pain and suffering. However, collecting on a judgment against an uninsured driver can be extremely difficult.
Most people who drive without insurance do so because they can’t afford it, which often means they lack assets to satisfy a judgment. The court may order wage garnishment, but this process takes time and only works if the person has regular employment. You may also be able to place liens on property the defendant owns, though this requires them to have equity in real estate or other valuable assets. While pursuing the at-fault driver directly is an option, it’s often not the most practical path to recovery, which makes having your own uninsured motorist coverage so important.
How We Help You Maximize Your Recovery
Dealing with insurance companies after an accident with an uninsured driver requires careful navigation. Your own insurance company may resist paying your uninsured motorist claim, even though you’ve paid premiums for this exact situation. Insurers sometimes try to minimize the value of your claim or deny it altogether based on technicalities.
We handle all communication with insurance companies and build a strong case documenting your injuries and damages. This includes gathering medical records, bills, employment information showing lost wages, and evidence of how the accident has impacted your life. When insurers offer inadequate settlements, we negotiate aggressively on your behalf. If necessary, we’re prepared to take your case to trial to secure the compensation you deserve. Our firm also investigates whether any other parties may share liability for the accident, such as a vehicle owner who allowed an uninsured driver to use their car, which can open additional avenues for recovery.
Contact Big Joe Law After Your Accident with an Uninsured Driver
Big Joe Law has 15-plus years of combined experience handling complex insurance claims, including cases involving uninsured and underinsured motorists. We recently recovered $50,000 in a UIM claim for a client who was sideswiped by a driver without adequate insurance. Our firm fights to ensure you receive every dollar of compensation available under your policy and through other sources.
Time matters in uninsured motorist cases. California law imposes deadlines for filing claims and lawsuits, and evidence becomes harder to gather as time passes. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you. Don’t let an uninsured driver leave you struggling to pay medical bills and repair costs. Contact Big Joe Law today for a free consultation about your case and learn how we can help you pursue the compensation you need to move forward.