With its many roadways and sizable population, Oakland is a bustling city that is home to thousands of motorists. Not surprisingly, car accidents occur throughout the city, with collisions happening every day.
What can add to a victim’s distress of victims? Finding out that the at-fault driver does not carry car insurance.
The Department of Motor Vehicles (DMV) outlines every driver’s obligations after an accident. VEH § 16054 describes the proof of financial responsibility that drivers can provide, yet many people still operate their vehicle despite not having automobile insurance. If a negligent driver injured you, and you later discovered that they do not have coverage to pay for your damages, you might be at a loss for what to do next.
You have other options that can help you recover compensation. An Oakland uninsured car accident lawyer can help you explore these avenues and understand the processes you need to navigate.
Ben Crump Law, PLLC, stands ready to aid people like you who feel overwhelmed after a preventable car accident significantly altered their lives. Call us today at (844) 730-0233 to schedule a free consultation with a team member and learn more about your case.
Actions You Can Take When Obtaining Compensation for Your Losses
Whether you are a driver, passenger, bicyclist, motorcyclist, or pedestrian, you typically have the right to take the following actions if someone else’s negligence caused you to suffer injuries and other damages after a car accident:
- Pursue a claim against the insurance policy of the at-fault driver.
- File a claim against your insurance company.
- File a personal injury lawsuit.
When the other motorist does not have insurance, you cannot file a claim against that driver’s insurance policy since it does not exist. You have no choice but to bring a claim against your coverage. However, this is an option only if you have uninsured motorist coverage.
Although California does not require drivers to purchase this coverage, it would be wise to add it to your auto insurance policy. Uninsured motorist coverage protects you from spending money on injury or property damage expenses after a driver without liability insurance causes your accident.
If you do not carry uninsured motorist coverage, you might want to speak with an Oakland uninsured car accident lawyer. They can help you prepare a personal injury lawsuit against the negligent driver. Generally, this process involves proving that the other driver’s negligence led to the accident, giving rise to your injuries.
If you prove their negligence, they become liable for your damages. In the same way, you could also sue other parties who might have partial responsibility for creating circumstances that contributed to the accident, like a poorly paved road or defective car parts.
Unfortunately, many uninsured drivers do not have enough assets to pay claims against them, so a personal injury suit may not bring the outcome you want. There are other options for recovery, but you might find it challenging to assess which one is right for your situation. A personal injury lawyer can investigate your case and determine if you qualify for alternative sources of compensation like medical payments coverage, health insurance, or physical damage coverage. Call Ben Crump Law, PLLC, today to discuss your options with a team member.
For a free legal consultation with a uninsured car accidents lawyer serving Oakland, call (844) 730-0233
Car Accident Laws in California You Should Know
Laws can considerably impact your case, especially when it comes to insurance claims, assignment of fault, and the financial recovery process. Here are some to keep in mind after a car crash.
Reporting
Per VEH § 20008, drivers involved in car accidents that resulted in injuries or death have a legal obligation to submit a written report of the incident to their local police department or the California Highway Patrol. However, if a law enforcement officer responded to your accident, they will prepare a report. You must also report your accident to the DMV about your accident within 10 days, no matter how minor the injuries were.
Comparative Negligence
When it comes to insurance claims, California is a fault state, meaning that financial liability falls on drivers responsible for accidents. If you sue an uninsured driver, the state’s comparative negligence laws will govern your case. Regardless of the percentage of fault that you have for the crash, you could still recover compensation. Nevertheless, the court will reduce the amount of any award you receive in proportion to the degree of your fault under the rules of pure comparative negligence.
Statute of Limitations
In most cases, the time limit for bringing a personal injury lawsuit in California is two years from the date of the crash, as set by CCP § 335.1. You will want to keep this deadline in mind when suing a negligent party because missing the deadline means a judge will likely dismiss your case.
Oakland Uninsured Car Accident Lawyer Near Me (844) 730-0233
Why You Would Need an Attorney
Even if you decide not to file a lawsuit, you might want to contact an Oakland uninsured car accident lawyer. It is essential to prepare yourself for whatever lies ahead and take advantage of any advice they might offer you.
After an accident with an uninsured driver, you might find it daunting to begin the claims process on your own or explore other possible options for recovery. Having a car accident lawyer on your side can take this burden off your shoulders. You would not deal with insurance adjusters and the at-fault driver’s lawyers personally. With the countless questions you might have, your attorney can always be there to address your issues and put your worries to rest.
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Let Us Step In to Protect Your Rights and Get You the Justice You Deserve
Pursuing compensation from an uninsured motorist after an accident can prove challenging. You might find it tempting to give up when you feel helpless in the face of complicated legal processes and confusing laws.
Ben Crump Law, PLLC, is here precisely because of people like you, who need the assistance of an Oakland uninsured car accident lawyer to get through this challenging time in their lives. When you speak with a member of our team, you can come away confident that you have someone committed to reviewing your case and discovering the best way to handle your situation.
Call our team today at (844) 730-0233 to discuss your concerns during your free case review.
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