Can I Recover Damages from an Uninsured Driver?
Aggressive Los Angeles Car Accident Attorney
Getting into a serious accident is upsetting enough; but if you find the other driver had too little or no insurance, you are probably fretting over just how your bills will get paid, even if they were at fault for the accident. If you got into an accident and the vehicle you were driving was not insured, the option of getting compensated for damages might be not available. But not all cases are the same, and you can still recover some or even total financial compensation even if the vehicle was not insured.
Here are some of the things that you should know if you are looking to recover damages on an uninsured vehicle:
Filing an Accident Report Immediately
As per California Vehicle Code, the person involved in the accident has to file a report to the Department of Motor Vehicles (DMV) within 10 days of the date of accident.
Filing the report is mandatory if the property damage that occurred exceeds $1,000 or if the accident resulted in someone being injured or killed.
You will have to file this report even if you were not the cause of accident.
Laws Regarding Uninsured Vehicle’s Accidents
If a person is driving an uninsured vehicle, any accidents that may occur are dealt with by Proposition 213.
This initiative was passed by the insurance industry in 1996. It gives them complete protection against accidents related to uninsured vehicles.
Proposition 213 & Los Angeles Car Accidents
Proposition 213 limits the recovery on damages if you are driving an uninsured vehicle, thus it is actually beneficial for insurance companies and saves them money.
If the car was not insured, then, according to proposition 213, you cannot obtain monetary damages for medical expenses. You can also not recover compensation for any non-economic harm such as pain and suffering, emotional distress, and any sort of disability.
Luckily, Preposition 213 does have some exceptions. This proposition is inapplicable in following cases:
- The driver was driving an uninsured vehicle that belong to their employer
- The accident took place on a private property
- The vehicle owner didn’t have any insurance, but a driver borrowed the car and that driver had insurance on his own personal vehicle.
How Exceptions Can Apply in Your Case
Liability coverage follows the driver instead of the vehicle, meaning that even if you were in someone else’s uninsured vehicle, your auto policy will protect you.
In cases where you were driving an uninsured vehicle that belonged to your relative, while you own a vehicle that does have insurance, the uninsured vehicle that got into the accident will actually be considered insured (because the insurance policy follows the driver according to Vehicle Code § 16000.7[b]).
In an accident? You could be eligible for compensation!
If you have suffered from such an incident and find yourself in the exception category, you can receive compensation for the damages that have occurred to you and your vehicle. You need to speak with a knowledgeable Los Angeles car accident attorney from the Law Offices of Jacob Emrani to discuss your rights and legal options.
Call for a free case evaluation: (888) 952-2952!