California requires all drivers to have carry insurance. If you hit someone and they don’t have insurance, you will still need to cover damages. However, California will limit the compensation for other drivers who don’t carry insurance.
This applies even if you were DUI at the time. A Los Angeles DUI lawyer may provide more details if you’re unsure. Remember, your case’s criminal and civil charges are separate issues. You may need a personal injury lawyer to handle your civil claim.
We’ll also address how you can file an insurance claim against the other driver if they don’t have insurance and they hit you.
Uninsured Driving Is Against the Law in California
California drivers are not legally allowed to drive without insurance, and those who operate a motor vehicle without insurance may face charges. California uses Vehicle Code (VC) 16028 to prosecute drivers without insurance.
VC 16028 is considered an infraction. In California, the penalties for driving without insurance involve fines. Drivers may face hundreds of dollars in fines, but driving without collision coverage should not result in jail time.
Note that driving without insurance does not make a driver automatically responsible for an accident. If you hit someone and they don’t have insurance, you are still liable for some of their damages, but not all of them.
Do You Have to Pay Compensation to Someone Without Insurance if You Hit Them?
California is one of many states with a “No Pay, No Play” rule. Proposition 213 states that you do not have to provide compensation for non-economic damages if you hit a driver without insurance.
Non-economic damages cover an individual’s emotional pain, mental anguish, and lost companionship. The negligent party does not have to cover these expenses for accident victims without valid insurance.
However, California’s laws still require the at-fault driver to cover medical bills and property damage caused in an accident. While the “No Pay, No Play” rule reduces the compensation individuals may get after a car accident, it does not entirely wipe away costs.
Compensation Owed to a Driver Without Insurance
Non-insured individuals may still seek economic damages following a collision where they weren’t at fault. Economic damages cover things such as:
- Medical expenses for personal injuries
- Lost wages at work
- Vehicle repair costs
You may still be liable to pay a driver for these losses after an auto accident, but your auto insurance should cover these costs. You will not have to worry about non-economic damages like pain and suffering because they didn’t have insurance like they should have.
What Happens if an Uninsured Driver Hits You?
If you weren’t the driver at fault, you could be eligible to receive compensation for your losses. However, you cannot file an insurance claim against the other driver without their insurance information. How do you get compensation in this situation?
You may get compensation if you have uninsured/underinsured motorist coverage. California insurers must include this coverage on all auto policies by default, but you can drop it if you do so in writing. As long as you have this coverage, you can get some compensation through your insurance.
Uninsured motorist coverage may cover your medical bills, vehicle damage, and other out-of-pocket expenses. However, you may only get compensation if you prove you weren’t at fault for the accident.
What Should You Do if You Hit Someone and They Don’t Have Insurance?
We recommend taking a few immediate steps if you hit a driver without insurance coverage:
- Report the accident to the police
- Seek medical care for your injuries
- Consider contacting a personal injury lawyer for help
The other driver may try to take legal action against you to pay for their medical expenses, lost pay, and property repairs. Your insurance company may cover these costs in some cases. However, the other driver may try to sue you if your liability insurance policy doesn’t cover all their expenses.
What if Multiple Drivers Caused an Accident?
California uses comparative fault for car accident cases, meaning that more than one driver could be at fault for an accident. You may receive some compensation if you are only partially at fault for a collision with an uninsured driver.
However, the funds you receive in this case will depend largely on the policy limits of your uninsured motorist coverage and how the fault is divided among the parties. Car accident attorneys can provide more information.
Get Information About Hitting Someone without Insurance
So, what happens if you hit someone and they don’t have insurance? You may need to pay their economic damages, but you don’t have to cover their non-economic losses. This can save your insurer a lot of money and reduce the chances of a huge increase in your premiums.
A personal injury attorney can provide more information about California’s “No Pay, No Play” rules. If you are also charged with a DUI in your accident, you will need to speak with a DUI attorney in your area who can help you. Contact us to get connected with one.
