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What to Do When Hit by an Uninsured Driver



Most adults have been in a car collision at least once in their driving lives. With the odds stacked against us, all we can hope for is a best-case scenario, with no injuries and little damage. When this isn’t the case, insurance is what carries us through. What happens, though, when the other driver doesn’t have insurance?

Isn’t it mandatory for drivers to have insurance?

Absolutely. However, California may have over 15% of uninsured drivers, meaning legal or not, your chances of getting hit are high. Because of this, it is essential to know what to do if you’re in a collision with a driver without insurance.

What to Do

Find an attorney. An attorney is going to be able to look at all the factors involved in the accident and see if suing for damages is an option. They’ll also help you file with your insurance, ensuring your claim gets the attention and coverage you need.

An attorney is also going to be able to explain to you the kinds of damages and what sort of compensation to expect, especially for things that can be difficult to prove. For example:


  • Punitive Damages. This is when there is an attempt to punish a driver for being reckless or for some wrongdoing.

  • Nominal Damages. This covers suffering beyond physical injury. If you’ve needed to seek mental health care or suffered emotional damage, it can be hard to prove the need for compensation.

  • Full Payment. Your insurance probably has a clause in its policy that requires you to pay extra for an uninsured driver policy. And even if you are paying it, there’s a cap that may be substantially lower than your financial recovery needs.


The Timeline

After your accident, take as many photos as you can of the collision, as well as injuries. Seek medical attention if needed and get copies of the reports. Then find an attorney, bringing all the documentation you have. This should happen quickly, as there can be a limit to how long after an accident you can file a claim. Let the attorney discuss with you the ways you can get the most compensation for your claim and what can be done about the other party.


Been in an accident with an uninsured driver? Contact Tanya Gomerman at 415-545-8608 today!

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