Being involved in an accident with an uninsured driver can leave you feeling overwhelmed and uncertain about your next steps. According to the Insurance Information Institute (III), California has one of the highest rates of uninsured motorists in the nation, with approximately 20 percent of drivers operating vehicles without proper car insurance coverage. When you’re hit by an uninsured motorist in San Mateo, understanding your rights and options becomes essential for protecting your financial future.
If you suffered injuries in a crash with an uninsured driver, call (650) 367-6811 for a free consultation with a San Mateo car accident lawyer at Carcione, Henderson & Markowitz, LLP.
Why You Need a Lawyer After an Uninsured Driver Accident
What happens if an uninsured driver hits you depends largely on how effectively you pursue your legal options. An experienced attorney understands the intricacies of uninsured motorist claims and can identify all available sources of compensation that you might overlook when handling the case alone. San Mateo car accident lawyers with experience navigating uninsured motorist claims services help by:
- Maximizing your compensation potential – Attorneys evaluate every aspect of your damages, including future medical expenses and lost earning capacity. Legal professionals understand how to effectively document and present all your losses to insurance companies.
- Dealing with hostile insurance adjusters – Insurance companies often deny or minimize uninsured motorist claims to protect their profits. A car accident lawyer handles all communications with insurers, ensuring they cannot use your statements against you.
- Investigating additional liable parties – Sometimes other parties share responsibility for your accident beyond the uninsured driver. Lawyers examine whether dangerous road conditions, vehicle defects, or employer liability could provide additional compensation sources.
- Protecting your credit and finances – Medical providers may demand immediate payment while your claim is pending. Our San Mateo car accident attorneys negotiate with healthcare providers to prevent collection actions and protect your credit score during the claims process.
At Carcione, Henderson & Markowitz, LLP, our lawyers are well-versed in the complex requirements of California insurance law for various types of car accidents. Our legal team can ensure that your claim meets all necessary deadlines and follows the required documentation standards. We also help you receive proper medical treatment by connecting you with healthcare providers who understand the unique challenges of treating accident victims while insurance claims remain pending.
How California Law Handles Uninsured Drivers
California requires drivers to maintain minimum liability insurance coverage of $30,000 for injury or death to one person, $60,000 for injury or death to multiple people, and $15,000 for property damage. Despite these requirements, many drivers illegally operate vehicles without insurance, leaving innocent victims vulnerable to substantial financial losses.
California law provides several options to protect victims of uninsured drivers, including:
- Mandatory uninsured motorist coverage offerings – Insurance companies are required to offer uninsured motorist (UM) coverage to all policyholders in California. Insurers cannot sell you an auto policy without explicitly offering UM coverage, which you must decline in writing if you choose not to purchase it.
- Criminal penalties for uninsured driving – Drivers caught without insurance face fines ranging from $100 to $200 plus penalty assessments. Repeat offenders may be fined up to $500 and have their vehicles impounded. Uninsured drivers in a collision will have their licenses suspended for up to four years.
- Direct lawsuit rights – Victims have the right to sue uninsured drivers directly for all damages resulting from the accident. You can pursue personal assets, wages, and property through civil judgment enforcement procedures.
Navigating these protections requires understanding both statutory requirements and insurance policy provisions. There are specific procedures for uninsured motorist claims that differ from those for standard insurance claims.
Your car insurance company must act in good faith when evaluating your uninsured motorist claim. They must evaluate your claim fairly and cannot make an unreasonably low settlement offer. However, your insurance company is still trying to make a profit and doesn’t have your best interest at heart. An experienced San Mateo personal injury attorney can help protect your rights throughout the claims process.
What If I Don’t Have Uninsured Motorist Coverage?
Without uninsured motorist coverage, recovering compensation after being hit by an uninsured driver becomes significantly more challenging. You lose the primary safety net designed to protect California drivers from financial devastation when negligent uninsured motorists cause serious injuries.
Your options become limited to a direct lawsuit against the at-fault driver or exploring alternative compensation sources that may provide only partial recovery. However, even without uninsured motorist coverage, an experienced attorney can help you explore every possible avenue for compensation. We investigate the uninsured driver’s assets and employment status to determine whether pursuing a personal injury lawsuit is financially sensible. Our team can also determine if any other parties may be liable so you can pursue compensation from them.
Should I Still Call the Police If the Driver Is Uninsured?
You should always call the police after any collision. Police reports provide official documentation of the incident that becomes invaluable evidence for your uninsured motorist claim or lawsuit against the at-fault driver.
Officers will document witness statements, road conditions, and observable injuries at the scene. Police reports often include diagrams that show vehicle positions and impact points, which help establish liability and determine the cause of the accident. The responding officer may also cite the uninsured driver for driving without insurance, which strengthens your case by demonstrating their violation of California law.
You should never accept a direct payment offer from an uninsured driver without notifying the police. These promises are often unreliable, and without an official report, it can be nearly impossible to prove that the crash happened. Police involvement also prevents the uninsured driver from later disputing fault or trying to blame you for the collision.
What If the Other Driver Has Insurance But Not Enough?
Underinsured motorist (UIM) coverage comes into play when the at-fault driver’s insurance is not enough to fully compensate for your losses. In California, many drivers only carry the state’s minimum coverage, which often falls short of covering all expenses. UIM coverage helps bridge the gap between the at-fault driver’s policy limits and the true extent of your damages.
Other Options for Recovering Compensation
Beyond your own uninsured motorist coverage, many alternative compensation sources may apply to your case, including:
- Filing a civil lawsuit against the uninsured driver
- Pursuing wage garnishment after obtaining a judgment
- Placing liens on the defendant’s property
- Using your health insurance for medical expenses
- Exploring coverage under other household auto policies
- Checking for applicable umbrella insurance policies
- Identifying other at-fault parties to hold accountable
Each option has specific eligibility requirements and limitations that require careful evaluation. Depending on the nature of your claim, you may pursue the following damages:
- Medical expenses and hospital bills
- Rehabilitation and physical therapy costs
- Mental health service expenses
- Lost wages
- Reduced earning capacity
- Physical pain and emotional suffering
- Home modifications for permanent disabilities
- Property damage and vehicle repairs
Why You Should Never Rely on Insurance Companies Alone
Insurance companies prioritize profits over policyholder welfare, even when handling your own uninsured motorist claim. Adjusters receive training in minimizing claim values and finding reasons to deny coverage.
Without legal representation, you face sophisticated corporate entities with teams of lawyers protecting their interests while you struggle to recover from serious injuries. Tactics they commonly use to undervalue and deny claims include:
- Denying coverage based on technicalities
- Delaying payment to pressure acceptance of lowball offers
- Misrepresenting policy provisions and coverage limits
- Requesting unnecessary documentation repeatedly
- Using recorded statements against claimants
- Disputing the necessity of medical treatment
- Undervaluing pain and suffering damages
Our experienced car accident attorneys understand these tactics and can counter them effectively to ensure your insurance company honors its contractual obligations. We also pursue bad faith claims when insurers unreasonably delay or deny valid uninsured motorist benefits, potentially recovering additional damages beyond your original claim value.
How Long Do I Have to File a Claim?
California’s statute of limitations generally allows two years from the date of the accident to file a personal injury lawsuit against an uninsured driver. However, uninsured motorist claims through your own insurance may have shorter deadlines specified in your policy. Most insurance policies require prompt notification of accidents and cooperation with claim investigations, making immediate action essential for preserving your rights.
Talk to Our San Mateo Car Accident Attorneys Today
With more than 40 years of experience handling complex uninsured motorist claims, we understand the challenges you face after being injured by an irresponsible uninsured driver in California. Our client testimonials consistently praise our compassionate approach and aggressive advocacy. Our firm’s case results demonstrate our commitment to maximizing compensation for every client, securing millions of dollars through negotiated settlements and jury verdicts.
Don’t let an uninsured driver’s irresponsibility leave you struggling with medical bills and lost wages. Contact Carcione, Henderson & Markowitz, LLP at (650) 367-6811 or contact us online for your free consultation with a San Mateo car accident lawyer.