Having an insurance plan can cover your expenses after experiencing a vehicular accident in Sacramento. If another driver is at fault, their insurance will help pay as well. There are some instances where one party does not have any coverage, which can make it difficult for them to compensate. If this happens, you still have the chance to file a car accident lawsuit and receive restitution from the motorist who wronged you.
Get in touch with the office of Ben Crump Law, PLLC, at 800-598-7557. They can assign a Sacramento uninsured car accident lawyer to guide you through the legal procedures.
California Requires Insurance for All Motorists
Like many other states, California also requires drivers to have their vehicles insured if they want their cars registered. Section 11580.1 of the California Insurance Code mandates that all car accident-related expenses should have coverage, including liability insurance.
Under state law, drivers should have liability insurance of at least $15,000 for an injury or death to one person, $30,000 for multiple persons, and $5,000 for property damage. They might need additional coverage as these amounts may not cover all their losses.
Drivers should provide the Californian Department of Motor Vehicles (DMV) with evidence of their car’s insurance when registering their vehicle. The government agency can suspend their registration if they fail to do so, prohibiting them from driving the car on public roads. After reporting a vehicular accident, drivers must also present their insurance proof. If they do not, the DMV can suspend their licenses for a year. If they repeat this offense, they can withhold it for up to four years.
Motorists should also bring their proof whenever they are driving, as per Section 16028 of the Vehicle Code. Not doing so is punishable with an infraction with a fine of up to $200. If the driver repeats the offense in three years, the penalties can go as high as $500. The court also has the authority to impound the vehicle if they find it a necessary punishment.
For a free legal consultation with a uninsured car accidents lawyer serving Sacramento, call 800-598-7557
The Uninsured/Underinsured Motorist Coverage
To help ease the financial burden on drivers even further, California requires insurance companies to offer an uninsured or underinsured motorist coverage, as stated in Section 11580.2 of the California Insurance Code. This policy takes effect when you get caught in an accident with an uninsured driver or if their coverage is not enough to cover your bills. While drivers do not have to buy this, it can go a long way in helping them with their finances.
But if you decide not to sign up for an uninsured motorist coverage (UIM), your other option for getting compensated is by filing a civil lawsuit against the motorist at fault. It will make them pay for the damages out of their pocket and other assets instead of having an insurance company cover it.
A Sacramento uninsured car accident lawyer can further explain the state vehicle, insurance, and accident laws that apply to your case.
Sacramento Uninsured Car Accident Lawyer Near Me 800-598-7557
What to Consider Before Starting an Accident Lawsuit
Car accident claims can get complicated enough even if all parties have insurance. An uninsured party only adds more complications and gives you a more distressing time if you handle a case on your own. If you plan on pursuing the case, a Sacramento uninsured car accident lawyer can guide you on the following considerations.
If you have questions regarding your case, you can call the office of Ben Crump Law, PLLC, at 800-598-7557. Someone from the team will be with you in a moment.
California Has a Comparative Fault Rule
Keep in mind that California courts operate under a tort system, which means claimants may receive a reduced amount in damages if the jury finds them partially at fault for the accident. For instance, if the motorist at fault was aggressively driving when they collided with your care, they are mostly liable for the incident. But the court may also say that you did not get out of the way, thus playing a role too, albeit smaller. They could make you 10% liable for the accident, which means your total recoverable damages will decrease by the same percentage.
Working with an attorney can help you find evidence to back up your claim.
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Uninsured Claimants Have Limited Recoverable Damages
If you are the uninsured party instead of the driver at fault, you can still file a lawsuit to get compensated, but only for economic damages. The state does make an exception if the defendant also has a Driving Under the Influence (DUI) charge. You can have a car accident attorney look into the matter and determine if you are eligible for other damages.
Submit Your Lawsuit on Time
As it is with the rest of the US, all lawsuits in California follow a statute of limitations, which are the time limits for filing a case. The due date for a road accident suit depends on what the incident entailed. For accidents with injuries or deaths, plaintiffs have two years to file. On the other hand, property damage cases have three years. The courts generally do not entertain claims that miss the deadline, so it is in your best interest to comply with the requirements if you still want compensation.
Although the state gives reasonable time constraints, collecting evidence and developing your claim can still become time-consuming and stressful—even more so if someone is uninsured. A Sacramento uninsured car accident lawyer can gather the documents so you can still comply with submission deadlines.
Get Justice and Compensation with Our Team
A road accident that involves an uninsured driver adds additional stress to anyone. Fortunately, a civil lawsuit can step in and help you seek compensation when an insurance claim cannot. We can have our Sacramento uninsured car accident lawyer handle your case.
Ben Crump Law, PLLC fights for victims of different kinds of personal injuries. Aside from car accident claims, we also handle personal injury, worker compensation, civil rights cases, and more. For a free case review, you can call us at 800-598-7557.