Finding out the driver who hurt you has no insurance does not mean you are out of options. In California, injured victims have several potential sources of compensation, even when the at-fault driver has no coverage. Your own auto insurance policy may include uninsured motorist coverage specifically designed for situations like this. Third parties such as the at-fault driver’s employer, a negligent vehicle owner, or even a government entity responsible for dangerous road conditions may also bear legal responsibility for your injuries. In some cases, a lawsuit filed against the uninsured driver can yield positive financial results.
Uninsured driver accidents in San Jose can be tricky to navigate. An experienced San Jose car accident attorney from our firm can identify and pursue the right avenues of recovery for you.
Uninsured Driver Accidents in San Jose: Key Takeaways
- Being injured by an uninsured driver in San Jose does not mean you are without legal options, and a car accident attorney from our team can explain available strategies to you.
- Your own auto insurance policy may include uninsured motorist coverage, which exists specifically to protect responsible parties from irresponsible ones who drive without required insurance.
- Uninsured motorist claims are handled very differently from standard insurance claims, and having a San Jose car accident lawyer manage the process protects you from common missteps and hazards.
- In some cases, third parties aside from the at-fault driver may bear financial responsibility for your injuries, and that is a possibility we will consider.
How Prevalent Are Uninsured Drivers in California?
A significant percentage of drivers on California roads carry no auto insurance at all, despite the state’s mandatory insurance requirements under California Vehicle Code Section 16020.
In our busy urban environments where drivers regularly encounter heavy traffic on Highway 101, Interstate 280, Interstate 880, and surface streets throughout Santa Clara County, the risk of uninsured driver accidents in San Jose is significant.
Knowing your options before an accident happens is helpful, but if you are reading this after already being hurt, the most important step you can take right now is to speak with a San Jose car accident attorney from our team.
Among other information we will provide, we will tell you how we might secure the compensation you deserve, despite the other driver’s financial irresponsibility.
What Happens If You’re Hit by an Uninsured Driver in San Jose?
Depending on the circumstances, there are a few different options:
- You may recover compensation through your own UM/UIM coverage.
- You may pursue claims against third parties.
- You may sue the driver directly (depending on assets).
A lawyer can identify all available recovery options, evaluate the strength of each potential claim, and handle the legal process on your behalf so you can focus on your recovery. From dealing with insurance companies to pursuing compensation from liable third parties, having experienced legal guidance can make a significant difference in the outcome of your case.
Your Own Insurance Policy: A Potential Source of Uninsured Motorist Coverage
The first source of compensation after an accident with an uninsured driver may be your own auto insurance policy, specifically your uninsured motorist (UM) coverage.
California law requires insurers to offer uninsured and underinsured motorist coverage to policyholders, though drivers may waive this coverage in writing under California Insurance Code Section 11580.2. We will determine whether you have such coverage, how much the coverage is worth, and whether the coverage may provide enough compensation for your damages.
UM coverage may pay for:
- Medical expenses resulting from the accident with the uninsured driver
- Lost income we can tie to the collision
- Pain and suffering and certain other non-economic damages
- In some policies, uninsured motorist property damage coverage may also apply to vehicle repair or replacement costs (though we will need to examine your particular policy as coverage varies by policy)
Some policyholders think that, because it is “their” insurance company, the insurer is on “their” side. Make no mistake, your insurance provider will look out for its own interests, even if that means violating yours.
On the other hand, a San Jose uninsured motorist accident lawyer from Alexander Law Group LLP will be unequivocally, undeniably on your side.
Underinsured Motorist Coverage: When the Other Driver Has Some Insurance But Not Enough
In many San Jose car accidents, the at-fault driver has the state minimum insurance coverage, which is legally required. However, that minimum coverage may fall far short of fully covering your injuries and losses.
California’s minimum liability insurance requirements are $30,000 per person and $60,000 per accident for bodily injury. For victims of serious accidents involving significant medical treatment, lost income, and a long-term recovery, these monetary amounts can pale in comparison to the true cost of their damages.
These are cases in which underinsured motorist coverage, commonly referred to as UIM coverage, becomes critical. If your injuries and damages exceed the at-fault driver’s policy limits, your own UIM coverage could make up the difference, up to the limits of your own policy.
Other Potential Sources of Compensation for Victims of Uninsured (or Underinsured) Motorists in San Jose
We talked about your own uninsured or underinsured motorist coverage, but there may be additional parties who bear legal responsibility for your injuries. Consider that:
- You may have grounds to sue the uninsured driver personally, though their financial circumstances (and other factors) may determine the wisdom of such a strategy.
- If the uninsured driver was operating a vehicle owned by someone else, the vehicle owner may bear liability for your injuries under California’s permissive use doctrine, so pursuing a claim with their insurer or a lawsuit against them personally may be viable options.
- If the at-fault driver was performing work-related duties at the time of the accident, their employer could be liable for the crash.
- If a defective vehicle component contributed to the accident or worsened your injuries, the vehicle manufacturer may face a product liability claim.
- If dangerous road conditions in San Jose contributed to the accident, a government entity such as the City of San Jose or the California Department of Transportation may be liable.
Every accident is different, and the sources of compensation available to you depend entirely on the particular facts of your case. Our San Jose car accident attorneys know how to distill those facts into actionable, personalized strategies. We are the team to speak with immediately following your collision.
Evidence Needed in An Uninsured Motorist Claim
Strong evidence is critical in uninsured motorist claims because your own insurer will scrutinize the facts just as aggressively as an opposing party’s insurer would. Useful evidence includes the police report documenting the accident, photographs of the scene and vehicle damage, medical records establishing the nature and extent of your injuries, witness statements, and any available surveillance or traffic camera footage. In hit-and-run cases, evidence of physical contact between vehicles becomes particularly important given California’s coverage requirements.
How a San Jose Car Accident Attorney from Our Team May Handle Your Uninsured Motorist Claim
Uninsured motorist claims involve unique, often challenging legal and procedural considerations. Having an experienced attorney on your side can be especially helpful (and important) in cases like these. Case strategy may not be obvious or straightforward, and we may need to pursue multiple strategies within a single case.
When you work with Alexander Law Group LLP, your San Jose car accident lawyer will:
- Review your auto insurance policy in detail to identify any uninsured motorist, underinsured motorist, medical payments, and any other applicable coverages
- Notify your insurance company of the claim (in compliance with all policy requirements and legal deadlines) because failing to provide timely notice can jeopardize your ability to recover compensation after an accident
- Investigate the accident urgently and thoroughly, aiming to prove the uninsured driver’s negligence
- Document the full extent of your injuries and losses
- Handle all negotiations with your own insurance company, which, despite being “your” insurer, could employ bad-faith tactics for its own financial benefit
- Lead negotiations with any liable third parties’ insurance providers
- Pursue compensation from any other liable parties, as your circumstances require us to
- Filing any necessary lawsuit(s) on your behalf
- Take your case to arbitration or litigation if any liable insurance company fails to offer fair compensation based on your claim and damages
California drivers have the right to fair treatment from their insurers. It’s the law. Policyholders who feel their claims are being mishandled have legal recourse.
Insurance companies serving San Jose and greater California know our firm. They know that we will keep them honest and demand fair compensation for our clients. Alexander Law Group LLP is the team you want fighting for your financial recovery.
California Has a Filing Deadline, and It’s More Reason to Take Immediate Action
California has a statute of limitations for personal injury claims. This means, as a victim of a car accident in San Jose, you generally have two years from the date of the accident to take legal action.
For uninsured motorist claims, your own insurance policy may impose even shorter deadlines for reporting the accident and initiating a UM claim, making prompt action even more critical.
You should also be aware that:
- If a government entity is liable for the accident, perhaps by failing to rectify unsafe road conditions, you may only have six months to file a claim against that entity.
- We must abide by your insurance policy’s specific notice and cooperation requirements, and they may include multiple time-sensitive mandates.
Do not assume you have time to “wait and see.” This approach can lead to significant regret and financial hardship. Contact a lawyer to protect your rights, and your opportunity to recover compensation.
Some Common Questions We Hear from Survivors of Accidents with Uninsured Drivers in San Jose
Our firm knows better than most how devastating uninsured drivers’ negligence can be. We see the victims’ hardships firsthand, and we also hear their common questions, like:
What if I did not know whether I had uninsured motorist coverage at the time of my accident?
Your San Jose car accident attorney can review your insurance policy and identify all available coverages for you. Most drivers do not study their insurance policies in their free time, and many are unaware of the specific protections their policy includes until they actually need them.
Can my insurance company deny my uninsured motorist claim?
Yes, insurers can and do dispute or deny uninsured motorist claims. Add this possibility to the lengthy list of reasons to have a San Jose car accident lawyer from our team handle your claim from the start.
What if the uninsured driver fled the scene, and I never got their information?
Hit and run accidents may still be covered under your uninsured motorist policy in California. The case will, almost certainly, become more complicated, though.
California requires physical contact with the hit-and-run vehicle for UM coverage to apply in most circumstances.
Does filing an uninsured motorist claim cause my insurance rates to go up?
California law provides certain protections for policyholders who file uninsured motorist claims through no fault of their own. Regardless of any longer-term insurance ramifications, the mission right now should be to ensure you get fair compensation for this accident.
Can I afford to hire a San Jose car accident attorney?
Our clients at Alexander Law Group LLP pay us nothing upfront or out of their pockets. We advance case costs, and our lawyers earn their fees as a percentage of the settlements and judgments we secure. This arrangement means our clients face no direct financial risk in hiring us.
Contact Alexander Law Group LLP Today to Speak with a San Jose Car Accident Attorneys
Uninsured drivers exhibit a special kind of recklessness. Not only do they violate California law, but they knowingly expose others to the chaos created by their carelessness.
At Alexander Law Group LLP, we fight for San Jose residents who have suffered an injury in car accidents, including those involving uninsured and underinsured drivers. We have ample experience leading such challenging claims. We don’t just come to fight. We come to win.
If you or a loved one has been injured by an uninsured or underinsured driver anywhere in San Jose or Santa Clara County, do not wait to get the help you deserve. Call us or contact us online. Our experienced San Jose car accident attorneys are standing by to help. We represent clients in English and Spanish. Hablamos español.
