Injured by an Uninsured Driver in Santa Ana? Here’s What Most Victims Don’t Know

Being involved in an auto accident is never a pleasant experience, but learning that the driver who hit you does not have insurance can make an already-stressful situation all the more overwhelming.

Uninsured and underinsured drivers are, unfortunately, far more common than you might expect, especially in Santa Ana where the rate of uninsured and underinsured motorists is higher than the national average.

But don’t panic if you were hit by an uninsured driver. California law may entitle you to compensation. The most important thing to understand is that you do have rights—and there are things you need to do to protect those rights.

Uninsured vs. Underinsured Motorist Claims: Navigating the Insurance Maze in Santa Ana 

Step One: Check Your Own Insurance Policy

Accident victims often don’t realize that their own insurance policy may be the solution to their uninsured driver problem. California law allows you to purchase uninsured/underinsured motorist (UM/UIM) coverage as an optional add-on to your auto insurance policy. This coverage is specifically designed to pay for your damages when the at-fault driver lacks insurance or is otherwise unable to pay.

Coverage in a Typical Auto Insurance Policy: What UM/UIM Coverage Can Pay For

• Medical expenses
• Lost income or wages
• Pain and suffering
• Funeral and burial costs (in cases involving fatal accidents)

What If I Don’t Have UM/UIM Coverage?

If you do not carry UM/UIM coverage, your options are more limited, but not entirely nonexistent.

Alternatives for Accident Victims without UM/UIM Coverage

• Medical Payments Coverage (MedPay): This can help pay for your medical bills regardless of who caused the accident.
• Collision Coverage: This coverage can help pay for damage to your car, even if the other driver is uninsured or underinsured.
• Personal Injury Lawsuit: You may still be able to file a personal injury lawsuit directly against the uninsured driver, though you may have difficulty collecting a judgment against them if they have no assets or steady income.

Step Two: Consider Your Legal Options

Dealing with an uninsured or underinsured driver is more complicated than making a standard liability insurance claim. Insurance companies may try to dispute or deny your UM/UIM claim, and the details of proving who was at fault for the accident may get messy, particularly if there are several parties who may share liability for the crash.

Skilled Santa Ana accident lawyers can help you:

• Analyze your insurance policy and explain what coverage is or is not available to you
• File and negotiate UM/UIM insurance claims on your behalf
• Investigate the accident and prove liability, even if there is more than one at-fault party
• Communicate with your insurance company and medical providers on your behalf
• Represent you in court, if necessary

Why an Attorney Can Make a Difference in Uninsured Driver Cases

If you are wondering if you need to hire a lawyer, the short answer is that working with an attorney increases your chances of recovering the full value of your damages and keeps you from making common (but costly) mistakes that could reduce or entirely eliminate the value of your claim.

Most personal injury lawyers offer free consultations and do not charge upfront fees. Instead, they work on a contingency fee basis, which means you pay them a percentage of your settlement or verdict only if you win.

How to Make a Claim When the Other Driver Has No Insurance

Step One: Call the Police

After you have called 911 and the police have arrived at the scene, your primary task is to obtain an accident report as soon as possible. An uninsured driver may try to convince you not to report the accident or file an insurance claim. They may even promise to pay you “out of pocket” or to make light of the accident to make you feel guilty about pressing charges.

But do not be fooled.

Until the accident is reported to the police and recorded in an official accident report, you will not be able to file an insurance claim. And if you wait too long, you may not be able to file a claim at all.

Step Two: Collect Evidence

In addition to making an insurance claim, you should also begin gathering evidence that could help prove your side of the story in case the other driver tries to lie or change their story later on.

This includes gathering the following:

• Pictures of the accident scene
• Photos of the damage to your vehicle
• Photographs of any visible injuries
• Copies of the police report and accident report
• Witness contact information
• The at-fault driver’s contact and insurance information (if they provided any)

Step Three: Contact Your Insurance Company and Make a Claim

Call your insurance company and report the accident, including as many details of the police report as you can. Then start the claims process. If you have UM/UIM coverage, the claims process may be similar to that of a typical liability claim, though the investigation may take longer to complete.

In the event you don’t have UM/UIM coverage, your insurance company will typically try to recoup its losses by going after the at-fault driver directly. This is called subrogation, and if you are uninsured or underinsured, your insurer may be able to recover more quickly.

Step Four: Speak With a Santa Ana Car Accident Lawyer Today

Navigating the insurance maze and making an uninsured motorist claim is more complex than a typical liability insurance claim. Insurance companies may try to dispute or even deny your UM/UIM claim, and the details of proving who was at fault for the accident may get messy, particularly if several parties may share liability for the crash.

That being the case, one of the first things you need to do to ensure that you receive the full value of your damages is to contact an experienced Santa Ana car accident lawyer as soon as possible after the crash.

Why You Should Hire an Attorney When The At-Fault Driver Is Uninsured

Most Santa Ana Accident Lawyers Work on Contingency

Don’t worry about the cost of hiring an attorney—most personal injury lawyers offer free consultations, and will only get paid if they recover compensation for you.

Time is of the Essence: Strict Time Limits Apply

In California, most personal injury claims must be filed within two years of the date of the accident. But uninsured motorist claims often have much shorter deadlines, especially if your insurance policy contains a clause requiring prompt notification and arbitration. Act now by contacting a personal injury attorney as soon as possible after the crash.

Understanding California’s Financial Responsibility Law

In California, drivers are required by law to carry a minimum of $15,000/$30,000/$5,000 in liability insurance coverage and submit evidence of financial responsibility when they register their vehicle with the state.

This means that when you exchange insurance information with another driver after an accident, you should expect them to have at least this level of insurance—unless they are uninsured or underinsured.

The Legal Difference Between Uninsured and Underinsured Motorists in Santa Ana 

Consider the following basic definitions:

Uninsured motorists: These are individuals who operate motor vehicles without liability insurance or any other type of auto insurance at all.

Underinsured motorists: These are individuals whose insurance coverage limits are too low to cover the full value of an accident victim’s damages.

Uninsured vs. Underinsured Motorist in a Nutshell: 3 Facts to Know About Insurance Coverage in California

To summarize, here are three important points to keep in mind about insurance coverage for uninsured and underinsured drivers in Santa Ana and elsewhere in California:

1. Insurance coverage and minimums: Minimum liability insurance coverage required by law
2. Uninsured motorist coverage: Optional coverage that can help pay for your damages when the at-fault driver lacks insurance
3. Underinsured motorist coverage: Optional coverage that can help pay for your damages when the at-fault driver does not have enough insurance

Contact a Santa Ana Accident Lawyer Today for a Free Consultation

It’s generally not possible to know when you’re going to be involved in a car accident. But if an uninsured driver has hit you in Santa Ana, there are steps you can take to recover compensation and make the claims process as smooth as possible.
The most important thing you can do is call a Santa Ana accident lawyer as soon as possible after the crash. Call today for a free, no-obligation case review.