California requires all drivers to carry a minimum level of auto insurance. However, despite this, some motorists operate their vehicles without complying with this law. If you are in an accident with an uninsured driver, you still may be able to obtain compensation.
You’ll still want to file a claim with your insurance company
If you are involved in an accident with an uninsured driver, it will likely be covered as part of your comprehensive or underinsured motorist coverage. As with any other accident case, you will need to provide a statement to your insurance company and provide other evidence to verify your claim. In the event that you don’t have comprehensive or underinsured motorist coverage, you may want to take legal action directly against the other driver. This may also be an option if your insurance policy doesn’t cover your damages in full.
A judgment may be entered against the other motorist
The other driver may offer a settlement in an effort to avoid a trial. However, if settlement talks fail, you are within your rights to attempt to secure a judgment against that person. In the event that the defendant can’t pay what they owe, you may be entitled to take possession of their car or other assets. If the defendant has no assets, you may be able to garnish their wages.
A motorist is generally liable for injuries or property damage caused even if they don’t have adequate auto insurance. However, this is only true if their negligent or reckless behavior caused the crash. Witness statements, a police report and other types of evidence may be used to prove that this is true in your case.