When a person is involved in a car accident, a lot
of things can happen. Bills accumulate, insurance negotiations commence, and
several legal conversations are needed. While dealing with a car accident for
an insured person is a relatively simple procedure, things can become much more
complicated if a person gets into an accident while driving without insurance.
Since California is a tort state and does not follow the
“no-fault” insurance system, the liable driver in the event of an accident is
responsible to pay for any losses that the other driver may incur as a result
of the damage out of their own pocket. If you are deemed liable and are unable
to pay the other driver, they will likely seek compensation by filing an
uninsured motorist claim with their own insurance company. Later on down the
line, the insurance company will likely sue you to recover the losses it
incurred to pay its own policyholder. This is known as subrogation.
In addition, getting in an accident without insurance will
likely result in a license suspension of up to four years, vehicle impoundment,
fines up to $500, or some other form of legal punishment. All states require
drivers to have a minimum level of car insurance coverage in order to maintain
a driver’s license.
What if the Accident Was Not My Fault?
If you are injured in an accident caused by another driver
and you do not have insurance, you may be able to recover losses related to
your property damage, medical expenses, and lost wages by filing a third-party personal injury
claim against the responsible driver. Your eligible recovery should equal your
identifiable, calculated losses.
Pursuing non-economic damages related to pain and suffering
is a different story. California is one of several states with a “no pay, no
play” law in effect regarding uninsured drivers, meaning that uninsured and
drunken drivers are barred from collecting compensation for non-economic
damages in the event that they are injured in a car accident according to the
Property and Casualty Insurers Association of America (PCI). Basically, if you
do not have insurance, you are ineligible to pursue non-economic or punitive
damages for your suffering – no matter how egregious the other driver’s actions
may have been at the time of your collision.
Contact Cohn & Swartzon, P.C. Today – Call (888) 480-3883
If you or a loved one have been injured in a car accident
that you believe was not your fault, a skilled Orange County car accident
attorney from Cohn & Swartzon, P.C. can protect your interests and help you
pursue maximum compensation for your injuries. Having recovered more than $50
million in verdicts and settlements on behalf of our clients, we can provide
the hard-hitting advocacy you need to vastly improve your chances of securing a
desirable outcome for your situation.
