Can You Sue an Uninsured Driver?

Although California drivers are required by law to carry some form of automobile insurance, an estimated 15 percent of motorists are uninsured. The penalty for driving without insurance can include fines and a loss of driving privileges, but that’s sometimes not enough to keep some individuals from risking it. If you find yourself in a car accident with an uninsured driver, you may wonder how you can receive compensation for the damages to you and your vehicle.

The first step is to contact a top car accident attorney in San Jose who will better be able to determine your legal options based on the facts of your case and the circumstances of the uninsured at-fault party. Your lawyer will likely present you with two possible options: filing a claim against your own insurance company for uninsured motorist benefits and suing the uninsured driver for damages. Here’s what to know about each potential strategy.

Claim A Free Consultation

  • Contact The Barnes Firm

    Fields marked with an * are required

What to Know About Filing an Uninsured Driver Claim If You’ve Been in an Accident

Almost every California car insurance company offers drivers the option of securing uninsured motorist (UM) coverage for a slightly higher rate each month. With this coverage, you’ll have help paying for medical bills, lost wages, or car repairs—up to your policy cap—if you’ve been hit by a driver who doesn’t have car insurance. UM coverage essentially takes over as liability coverage for the uninsured at-fault driver. Keep in mind that you’re going to need to negotiate a settlement with your insurer.

If the insurance company fails to honor the policy you’ve purchased by denying your claim or lowballing the amount you deserve, it’s important that you reach out to one of our best car accident attorneys in San Jose to help you fight for your rights.

Claim A Free Consultation
Wooden judges gavel on wooden table, close up

Is It Smart to Sue an Uninsured Driver After a San Jose Car Accident?

You may consider suing the other driver directly, though there are some drawbacks to consider: Uninsured drivers typically have very little money available to compensate you for any potential damages. A top car accident lawyer in San Jose will better be able to determine whether filing a lawsuit against the uninsured driver makes sense for your situation.

If this avenue is what you and your lawyer decide to pursue, keep in mind that the court may set up a payment plan option for the at-fault motorist if they’re found to be financially stable enough. You can potentially garnish wages from the negligent party or put a lien on their property so that it can’t be sold until they’ve paid the full amount.

However, there are many options that may be better for your situation, and you can go over all of your customized options with an experienced car accident lawyer at The Barnes Firm — for FREE.

Explore Whether You Can Seek Compensation From Your Own Insurance Company After a Car Accident

If you don’t have UM coverage and decide not to sue the other driver, there are other potential methods for receiving compensation from your policy:

  • Collision Coverage: Collision insurance is a coverage that would certify that your insurance company pays to repair or replace your car if it’s damaged in an accident. The company may or may not charge a deductible.
  • Medical Payments Coverage: This type of insurance coverage may help pay for the medical expenses—up to the limit of your policy—for you and the other passengers in the vehicle if you’ve been injured in a car accident, regardless of who caused the crash. Usually, there’s no deductible, though it’s best to check your individual policy.
piggy bank with money under it and a wooden car on the table to demonstrate car insurance
piggy bank with money under it and a wooden car on the table to demonstrate car insurance

Explore Whether You Can Seek Compensation From Your Own Insurance Company After a Car Accident

If you don’t have UM coverage and decide not to sue the other driver, there are other potential methods for receiving compensation from your policy:

  • Collision Coverage: Collision insurance is a coverage that would certify that your insurance company pays to repair or replace your car if it’s damaged in an accident. The company may or may not charge a deductible.
  • Medical Payments Coverage: This type of insurance coverage may help pay for the medical expenses—up to the limit of your policy—for you and the other passengers in the vehicle if you’ve been injured in a car accident, regardless of who caused the crash. Usually, there’s no deductible, though it’s best to check your individual policy.

What Steps to Take Just After a San Jose Car Accident with an Uninsured Driver

After your accident, your first priority should be to take care of yourself.

  • If you’ve been injured, call 911 to seek medical attention.
  • Always call the police so they can document an official report.
  • Get the other driver’s information, including their name, contact information, and driver’s license number.
  • If the at-fault driver claims to have insurance, get that information too. Perhaps their policy is expired or canceled, but you’ll at least have some information to provide your attorney.
  • Try to find any potential third-party witnesses that may have seen the full events of the crash unfold, and always take pictures of the scene and any damage that you or your vehicle may have sustained.

After contacting police and gathering informaiton, it’s important that you get in touch with a car accident attorney in San Jose who can help walk you through your options and fight to get you the compensation you deserve.

Contact San Jose’s Experienced Car Accident Attorneys

At The Barnes Firm, we know how frustrating it can be to get into a car accident by means of a negligent motorist, especially if the at-fault driver doesn’t have insurance. The process can sometimes be infuriating, complex, and time-consuming. That’s why we want to make this as easy and pain-free as possible for you. After meeting with you one-on-one, we’ll launch a legal investigation into your case and the circumstances leading up to the crash in order to provide you with the soundest case possible.

With over 100 years of combined legal experience, our best San Jose lawyers can handle a case of any size and are available 24/7 to review your accident and answer your questions. To schedule a free consultation with our knowledgeable auto accident attorneys, call The Barnes Firm or fill out our online contact form today.

The Barnes Firm (800)-800-0000

Claim A Free Consultation
en English
en Englishes Spanish