What Happens If the At-Fault Party Doesn’t Have Car Insurance?

You’ve just been in a car accident that wasn’t your fault. The stress of the situation is compounded when you discover the driver who hit you doesn’t have insurance. This scenario happens more often than you might think in California.

You do have options to get compensation after an accident if the at-fault party doesn’t have car insurance. Read the following, and then contact our Los Angeles uninsured motorist accident lawyers to get legal help.

Your Uninsured Motorist Coverage

When an at-fault driver lacks insurance, your own auto insurance policy becomes your first line of defense. California insurance companies must offer Uninsured Motorist (UM) coverage, though you have the option to decline it in writing.

If you purchased this coverage, you may be able to recover:

• Medical expenses for injuries sustained in the accident
• Lost wages due to time away from work
• Compensation for pain and suffering
• Coverage for property damage in some policies

Your UM coverage typically matches your liability limits, meaning if you have $100,000 in liability coverage, you likely have $100,000 in UM protection.

To access these benefits, you’ll need to file a claim with your own insurance company rather than pursuing the at-fault driver’s nonexistent coverage.

Pursuing a Personal Injury Lawsuit

Even without insurance, the at-fault driver remains personally liable for the damages they caused. You have the right to file a personal injury lawsuit against them to recover your losses.

However, this approach comes with challenges:

• Many uninsured drivers lack sufficient assets to pay a judgment
• The legal process can be lengthy and expensive
• Collecting on a judgment may prove difficult or impossible
• You may need to hire specialized collection attorneys

We can help evaluate whether the uninsured driver has collectible assets that make a lawsuit worthwhile. In some cases, pursuing legal action sends a strong message even if full recovery isn’t possible.

Exploring Med-Pay Coverage

Medical Payments Coverage (Med-Pay) is another optional insurance rider that can help after an accident with an uninsured driver. Unlike UM coverage, which requires fault determination, Med-Pay covers medical expenses regardless of fault.

Med-Pay benefits include:

• Immediate payment for medical treatment
• No deductibles to meet before coverage begins
• Coverage for all occupants in your vehicle
• Benefits that don’t need to be repaid in most cases

This coverage typically ranges from $1,000 to $10,000 and can bridge the gap while you pursue other compensation avenues.

Health Insurance as a Backup Option

Your health insurance can cover medical expenses from an accident when other options are exhausted. While not ideal, this avenue ensures you receive necessary treatment.

When using health insurance after an auto accident:

• You’ll be responsible for deductibles and copays
• Your health insurer may place a lien on any future settlement
• Some providers may initially deny claims they believe should be covered by auto insurance
• Documentation becomes essential to link treatments to the accident

We can help coordinate with your health insurance to maximize your coverage while pursuing compensation from other sources.

Working With Your Health Insurance Company

Navigating health insurance after an auto accident requires careful communication. Your health insurance company needs specific information about your accident to process claims properly.

We recommend providing your health insurer with accurate accident details, including the date, location, and circumstances. This documentation helps prevent claim denials based on confusion about the liable party.

Potential Third-Party Liability

Sometimes other parties share responsibility for an accident beyond the uninsured driver. These scenarios may open additional compensation pathways.

Potentially liable third parties include:

• Vehicle manufacturers, if defects contributed to the crash
• Government entities responsible for unsafe road conditions
• Employers, if the uninsured driver was working at the time
• Businesses that improperly served alcohol to an intoxicated driver

Our attorneys thoroughly investigate every accident to identify all potentially liable parties, especially when the primary at-fault driver doesn’t have car insurance.

The California Assigned Risk Plan

California maintains an assigned risk program called the California Automobile Assigned Risk Plan (CAARP) for drivers who cannot obtain insurance through standard channels. If the at-fault driver participated in this program, you might have a compensation path even if they claimed to be uninsured.

We can investigate whether the driver had coverage through CAARP or any other insurance program they may have forgotten or failed to disclose.

How J&Y Law Can Help You if the At-Fault Party Doesn’t Have Car Insurance

Dealing with an uninsured motorist accident adds layers of complexity to an already challenging situation. Our legal team has extensive experience helping clients navigate these difficult cases throughout California.

When the at-fault party doesn’t have car insurance, you need an experienced legal team to explore every available option. Contact J&Y Law today for a free consultation about your uninsured motorist accident case. 

We work on a contingency fee basis, meaning you pay nothing unless we secure compensation for your injuries and damages. Therefore, even if the other driver lacks insurance, you can still seek legal help.