When you read about what to do after a car accident, you are going to see lots of advice that tells you to get the insurance information of the other driver involved. But what happens if that driver does not have insurance? What if they are at fault and you have sustained serious injuries and / or major damage to your property?
While this sounds like a nightmare scenario, the truth is that it is all too common. According to the most recent data, about 15% of California drivers are not insured. If you find yourself in this unenviable position, we recommend that you contact The Law Offices of Larry H. Parker at 800-333-0000 as soon as possible so that you will better understand your options.
First: There are ways to prevent this situation
Before we discuss what to do if you find yourself in an accident with an uninsured driver, we want to ensure that our clients know that you can prevent this from being an issue by covering uninsured / underinsured car insurance.
The purpose of this type of coverage is to compensate you if you are in an accident in which the at-fault driver is not insured. For most people, this additional coverage only costs a few dollars a month and it can save you a huge amount of money if you find yourself in an accident with an uninsured driver.
Get an official police report
Even if the accident seems minor at the time, always contact the police and get an accident report if damages exceed $1000 and if anyone is injured. Exchange what information you can with the other driver, including their name, address, and contact information. If needed, get medical attention. Do this even if your injury seems minor, as you may need the medical report for your claim and it may end up that your injury is more serious than you think.
California Vehicle Code covers this situation
If the other driver does not have insurance and does not have the funds to pay you, then California Vehicle Code allows you to obtain a judgment against the uninsured party. You must file a certified copy of said judgment with the DMV that indicates the defendant did not satisfy the judgement within 30 days of the judgement being filed.
At that point, the DMV will suspend the driver’s license of the at-fault party who has the judgment issued against them. Their license will continue to be suspended until the debtor shows that they have financial responsibility (i.e. insurance) for future cases and that they have satisfied the judgement.
There are other options too, depending on the situation. For example, it may be possible to file a lien against their property such as their home. Regardless of the situation, you should never assume that you have no options without first talking to an attorney. You can reach The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
