Car Accident Without Insurance Not at Fault California (2024)

Car accidents happen every day in California. Some of the accidents occur as a result of road hazards, while other accidents occur as a result of someone else’s negligence. If an accident happens where someone is legally responsible, you might feel overwhelmed and wonder how to recover your damages, especially if you’ve been in a California car accident with someone without insurance when you’re not at fault.

In California, a fault-based system determines who is responsible for car accidents. It’s important to understand how fault is determined and what to do if you’re in an accident with a non-insured driver.

What are California’s Insurance Requirements?

To meet the state’s minimum insurance coverage requirements, every driver must have:

• Liability coverage for bodily injuries for one person in a single accident in the amount of at least $15,000 and pays a single victim’s medical bills
• Liability coverage for bodily injuries for a total accident in the amount of at least $30,000 and pays for everyone injured in a single accident determined to have been caused by the insurance policyholder
• Liability coverage for property damage to the vehicle of the injured driver (repair costs of at least $5,000)

It isn’t required, but the Department of Motor Vehicles (DMV) in California urges drivers to purchase coverage for accidents that involve uninsured and also underinsured drivers. In California, a high percentage of drivers do not have auto insurance, so this type of coverage can be important if you’re in an accident with an uninsured or underinsured driver.

What Happens in California If I Didn’t Cause the Accident?

In California, the rule for car accidents is that the driver responsible for the accident is also responsible for any damages caused by the accident. If you were hurt but were not at fault for the accident, you can open a claim with the responsible party’s insurance company to recover damages caused by the accident.

It could take some time, but you should receive money from the other party’s insurance company to pay for the damage to your car. You may need to fight to receive fair compensation for the damage. Legal representation can be helpful during this stage.

Once you’ve opened a claim, you should report the accident to your own insurance coverage company and the California DMV.

What Happens in California if the Negligent Driver Doesn’t Have Insurance.

In an accident, it’s possible the at-fault driver is underinsured or uninsured. ‘Underinsured’ means the driver has insurance, but their insurance coverage limits are not enough to cover the entire cost of your damages. ‘Uninsured’ means a driver does not have any insurance coverage for an accident at all.

If you’ve purchased underinsured or uninsured coverage through your carrier, you may be able to file a claim through your own insurance company if the party determined to be at fault for causing the accident doesn’t have enough insurance or any insurance at all.

Even worse, if the other driver leaves without giving you their contact information, you can protect yourself from problematic drivers through your own underinsured or uninsured motorist coverage. In short, supplemental coverage through your own insurance company can help so you don’t have to pay any out-of-pocket expenses for an accident you didn’t cause.

A knowledgeable California personal injury attorney can help with your recovery, especially if the other driver didn’t have insurance.

FAQs

What Happens if the Other Driver’s Insurance Won’t Cover My Damages?

If the other driver’s insurance doesn’t cover your damages after an auto accident, you might be able to file an insurance claim with your own company if you previously purchased underinsured motorist coverage (UIM). Also, you can pursue a legal claim directly against the driver at fault for the accident to recover further compensation you’re owed. Check your insurance policy and consult with a lawyer if you have questions about your legal options.

How Does Car Insurance Work When You’re Not at Fault in California?

If you were not responsible for an accident that happened in California, you can pursue a claim against the at-fault driver through their insurance company in order to recover damages for your injuries or property damage. California is an at-fault state, so if the driver who caused the accident doesn’t have insurance (or not enough to pay for your injuries), you may file your claim with your own insurer for damages related to the accident.

What Happens If I Don’t Have Insurance and I Cause an Accident in California?

If you don’t have auto insurance and it is determined that you were responsible for the collision, it’s likely you’ll be responsible for paying the other driver’s damages (injuries and property damage) as well. If you don’t have insurance, you may face legal consequences including:

• Fines
• License suspension
• Vehicle impoundment

Jail time is only a possible consequence for an at-fault driver who caused an accident through a willful violation of a traffic law or with intent to harm.

Do I Pay an Insurance Deductible If I’m Not at Fault for a California Car Accident?

No, if you are not at fault for a car accident in California, you generally do not need to pay your insurance company’s deductible, and you can likely file a direct claim with the insurance company of the at-fault party. They typically cover the repair costs without paying your deductible amount first.

In rare instances with underinsured or uninsured drivers, you might have to pay your deductible, which you could then recover from the other at-fault driver later.

Contact Us Today

For a car accident case where a driver was underinsured or uninsured, you can have a higher chance of accident recovery with a seasoned personal injury attorney by your side. At the Corrales Law Group, we can address any insurance issues relating to your accident.

If you or a loved one experienced an accident because of an underinsured or uninsured driver, it’s important to speak with an attorney right away. Contact our office at any time to schedule a confidential consultation.