A question that we get at least once a month is, “What do I do if I was in an automobile accident and I was uninsured?” And, this is a very significant problem. First of all it’s illegal to drive…
A very common question is, “What do I do if the person who caused the accident is uninsured?” And, there are several answers to that.
First of all, we don’t always take at face value the statement of the person that they’re uninsured–because it’s rare–but occasionally a person will say they’re uninsured when they really are. A foolish thing to do, but some people do that.
Secondly, if the driver of another car is uninsured there may well be insurance on the car itself–assuming there’s a separate owner–because very often the reason the driver is uninsured is they’re driving their uncle’s car, or their brother’s car, which they know has insurance. As long as they have permission to drive, that car is insured.
Once it’s concluded that there really is no insurance on the car it becomes an uninsured motorist claim under California law, and then we look to your own automobile insurance policy and almost everybody in California who’s insured has uninsured motorist coverage. Some people with very large policy limits. So typically the fact that the other person is uninsured is not a barrier to getting you a good and substantial recovery.