Getting into an accident can be especially frustrating when you know someone else is responsible for the wreck and you discover they don’t have insurance. If the responsible driver doesn’t have insurance, they can’t easily cover your damages, but this doesn’t mean you can’t sue them for the losses you’ve suffered.
At Dickson Kohan & Bablove LLP, we’ve handled cases involving uninsured drivers, and they work similarly to cases involving insured drivers. As the plaintiff, you must prove negligence against the defendant using evidence to support your claim. If you win a settlement, the defendant will have to figure out how to pay your damages if they don’t have insurance to cover the bill.
Before pursuing a lawsuit, you may first reach out to your car insurance. If you have uninsured or underinsured motorist coverage, you can prove to your insurance that the at-fault driver in your collision was uninsured, and your insurer should offer you a settlement for your financial losses. This coverage won’t help you recover non-economic damages, which is when a lawsuit may still be beneficial.
Uninsured motorist coverage isn’t a required part of car insurance in California as it is in some states. If you don’t have uninsured motorist coverage or if your damages exceed your insurance coverage, you can sue the at-fault party to receive additional compensation for your damages.
An Orange County car accident attorney can investigate your case and use evidence such as photographs, witness testimonies, video footage, and the police report to prove negligence against the uninsured driver that caused your wreck. This evidence can prove whether the driver was speeding, distracted behind the wheel, improperly changing lanes, or drowsy when they hit you.
Being uninsured when causing your accident will show that the at-fault driver was increasingly negligent. Once you can successfully name the defendant in court, you can calculate your claim value. A car accident lawsuit will award you a higher settlement than your insurance company because you can recover both economic and non-economic damages.
Economic damages consist of financial losses, such as medical expenses, lost wages from missing work, and property damage. Non-economic damages consist of non-financial losses, such as scarring and disfigurement, loss of enjoyment of life, emotional distress, pain and suffering, and loss of consortium.
It can seem risky to pursue a lawsuit against an uninsured driver because they won’t have an insurance company as their financial backbone. It may take longer to receive a settlement from the defendant, but if the law awards you a settlement, the defendant is ultimately required to pay you.
If you have questions about suing an uninsured driver, you can schedule a free consultation with an experienced attorney at Dickson Kohan & Bablove LLP to discuss your case. To speak with an Orange County car accident lawyer, call 1-844-404-2400 or check out our website for more information.
Kohan & Bablove Injury Attorneys is a Personal Injury Law Firm serving Riverside and Orange County, California. Our Injury and Accident Lawyers provide passionate, aggressive and client-focused legal services to individuals who have been injured; whether that be in the form of physical injury, emotional distress or work-related injury. Time may be limited to file a claim so visit so call today 844-404-2400.... View full business profile here: Kohan & Bablove Injury Attorneys
