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The Person That Hit Me Does Not Have Insurance, What Can I Do?

6 Nov 2018

A motor vehicle accident is a jarring experience. What is even more stressing is being involved in an accident with an uninsured driver. Although it’s against the law to drive without insuring your vehicle in San Diego, many instances of accidents involving uninsured vehicles persist.

The San Diego DMV estimates that 15% of those driving in the city have no insurance coverage.This means that the chance of being involved in an accident in San Diego with an uninsured driver is substantial.

The No-Fault Policy

Some states allow for a “no fault” insurance system. This provision means that if you are involved in a car accident, your insurance provider will pay for any damages you sustain no matter who’s fault the accident was. This policy was allowed to reduce claims and litigation arising from lawsuits about personal injury. If, however, you sustain severe bodily harm, the state of New York does allow you to file a civil personal injury lawsuit.

A no-fault motor vehicle insurance policy applies if:

• The accident happens in the appropriate state.

• Your insurance policy covers the vehicle involved in the crash.

• The vehicle involved is registered in the state.

The mandatory minimum no-fault insurance coverage a driver is required to have is $50,000. Specifically, $50,000 per accident where a minimum of $25,000 per person goes to cover an accident that did not result in a fatality. If someone dies due to the crash, then a $50,000 per person minimum applies with the minimum per accident increasing to $100,000.

The uninsured motorist coverage for bodily injury will only kick in once the at-fault driver’s insurance runs out. To look at your policy further and determine if it sufficiently meets these requirements, contact an personal injury lawyer.

What to Do

When you are involved in an accident, and you find out the driver is uninsured, there are several things you should do to ensure that you can make your case successfully.

Call the Police

Notify the police immediately the accident occurs and wait by the scene for them to arrive. They will fill out an accident report that will be required by your endurance provider while they investigate the accident. If anyone at the scene of the accident is injured, call for emergency services immediately. Ensure you find out from the police how you can obtain a copy of the report.

Gather Evidence

Take photos of the scene as much as you can and from various angles too if possible. Capture any damage to the vehicle and also any debris that results from the accident. While uninsured motorist coverage doesn’t include any compensation for damaged property, the evidence about the car itself will be required when seeking your claim. You can even sketch a simple map of the accident if possible.Take pictures of any physical injuries you sustain.

If you seek any medical attention, obtain copies of all receipts and medical reports. Take down the information of any eyewitnesses at the scene to get their testimony. Note the weather and road conditions at the time of the accident.The information and proof you collect will be vital when seeking a claim from an insurer. It protects you from any potential attempt at not being awarded your claim by unscrupulous insurance providers.

Notify the DMV

The DMV requires you to inform them of any accident when:

• One driver’s property is damaged to an excess of $1,000.

• Any person dies or is injured.

If you don’t report the accident after the first ten days since it occurred, you will lose your driver’s license.

Notify Your Insurance Provider

Inform your insurance company within 30 days to be eligible for a no-fault claim.

Driving without insurance is illegal and should be avoided. Ensure that your insurance policy adequately provides for uninsured motorist policy. Fulfill all the requirements to apply for a no-fault claim successfully. Always consult a personal injury lawyer to learn how to deal with an accident involving an uninsured party successfully.

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