What happens if you hit someone and they don’t have insurance in California? You may still pay the other driver for their losses in this situation. However, in this case, California has specific rules that limit the other driver’s compensation.
You can review the type of compensation associated with car accident cases in this article and get information about how to show that you did not cause an accident in California. A Los Angeles DUI lawyer may provide more details for you.
Do You Have to Pay Compensation to Someone Without Insurance?
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 economic costs.
What Should You Do if You Hit Someone and They Don’t Have Insurance?
If you hit a driver without insurance coverage, we recommend taking a few immediate steps. Make sure that you report the accident to the police, seek medical care for your injuries, and consider reaching out to a 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, they may try to sue you if your liability insurance policy doesn’t cover all their expenses.
You can discuss legal options in this situation with an attorney. The other driver may seek funds for their medical costs and property damage, regardless of their lack of auto insurance coverage.
Compensation Owed to a Driver Without Insurance
California’s “No Pay, No Play” rule does not prevent drivers from seeking compensation after an accident. Non-insured individuals may still seek economic damages following a collision. 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. Drivers must generally file a claim against your insurance company to seek compensation. An insurance agent may handle the claim on your behalf.
Sometimes, a driver may also file a lawsuit against you in court. You may contact a law firm if someone accuses you of causing an accident in California, especially if the police charged you with driving under the influence (DUI).
What Happens if an Uninsured Driver Hits You?
Sometimes, uninsured drivers in California cause accidents. In this situation, you could be eligible to receive compensation for your losses. However, you cannot file a claim with the driver’s insurance if they are uninsured. How do you get compensation in this situation?
You may get compensation if you have uninsured/underinsured motorist coverage. Many insurance policies offer this form of coverage. However, insurance companies don’t provide it automatically. You may have to purchase uninsured/underinsured motorist insurance on your own.
Uninsured motorist coverage may cover your medical bills, vehicle damage, and other out-of-pocket expenses. However, you may only get compensation if a lawyer shows that the underinsured driver struck you.
Can You Sue an Uninsured Driver in California?
If you don’t have underinsured motorist coverage through your insurance company, you may feel unsure how to get compensation for your medical bills from the at-fault driver.
A lawyer could also help you seek compensation directly from the uninsured driver. However, many drivers are uninsured because they do not have the funds to pay for insurance. In this situation, they may not be able to cover your losses.
Speak with an accident lawyer about the best way to handle an accident involving an uninsured driver.
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. Car accident attorneys can provide more information.
Uninsured Driving Is Against the Law in California
As we mentioned, drivers in California are not legally allowed to drive without insurance. Drivers 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. The penalties for driving without insurance in California involve fines. Drivers may face hundreds of dollars in fines if they drive without insurance. Driving without collision coverage should not result in jail time.
Note that driving without insurance does not make a driver responsible for an accident.
Get Information About Hitting Someone without Insurance
So, what happens if you hit an uninsured driver in California? You may need to pay their economic damages. However, you don’t have to cover their non-economic losses. A Los Angeles DUI lawyer may provide you with more information about California’s “No Pay, No Play” rules.
You can get more information about your situation by taking advantage of the resources we offer. Call or fill out our online contact form to learn more about an accident without insurance.
