Is It Worth Suing an Uninsured Driver?
Is It Worth Suing an Uninsured Driver?
The question of whether it’s worth suing an uninsured driver is common, and the answer is: it depends. While you can legally sue an uninsured driver who causes an accident, the practical value of a lawsuit hinges on whether that person has assets or income to pay a court-ordered judgment. For many accident victims in Southern California, a lawsuit is not the only or even the best path to recovery. Fortunately, other options, such as your own insurance policy, may provide the relief you need.
Reach out to an experienced car accident lawyer today for a free consultation.
Key Takeaways about Suing an Uninsured Driver
- A person can legally sue an at-fault driver who does not have car insurance, but collecting money from the lawsuit can be challenging.
- The success of a lawsuit against an uninsured individual often depends on whether they have valuable assets, such as real estate or significant savings.
- Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage on one’s own auto insurance policy is often the primary and most effective way to recover compensation.
- An investigation may reveal other accountable parties, such as an employer or the owner of the vehicle, who may have insurance coverage.
- The legal process involves strict deadlines, and understanding all potential avenues for compensation can be complex.
Your First Line of Defense: Uninsured Motorist Coverage
Before even considering the complexities of suing an uninsured driver, the first place to look is your own auto insurance policy. In California, insurance companies are required to offer you Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage. While you can decline this coverage in writing, it is a crucial protection that can save you from significant financial hardship.
Uninsured Motorist coverage is a provision in your policy designed to protect you if you are hit by a driver with no liability insurance. Underinsured Motorist coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages, especially in cases involving serious injuries.
Filing a UM/UIM claim has several advantages over a lawsuit against the driver:
- A More Direct Process: You are dealing with your own insurance company, a company you already have a relationship with. This is typically a more straightforward process than navigating the court system with a third party.
- Faster Resolution: These claims often resolve much faster than a personal injury lawsuit, which can take months or even years to conclude.
- Availability of Funds: Your own insurance policy provides a direct source of funds for your recovery, up to your policy limits. You don’t have to worry about whether the at-fault driver has the money to pay you.
This type of coverage can help pay for medical bills, lost wages from being unable to work, and compensation for pain and suffering. Reviewing your policy is the first and most important step after an accident with an uninsured driver.
When Is Suing an Uninsured Driver a Practical Option?
Deciding whether suing an uninsured driver is a worthwhile endeavor comes down to one critical factor: can they actually pay a judgment? Winning a lawsuit is only half the battle. The court can award you a specific amount of money, but a judgment is just a legal document. It doesn’t magically put cash in your bank account. The real challenge is collecting that judgment.
A person who drives without insurance often does so because they cannot afford it, which can be an indicator of their overall financial situation. However, this is not always the case. A thorough investigation, often called an “asset search,” is needed to determine if the at-fault driver has the means to satisfy a judgment. Suing might be a practical choice if the uninsured driver:
- Owns Real Estate: If they own a home or other property with equity, a judgment lien could be placed on the property, meaning you would be paid if the property is sold or refinanced.
- Has a Stable, High-Paying Job: A portion of their income could be garnished. Wage garnishment is a legal process where a part of a person’s earnings is required to be withheld by an employer for the payment of a debt.
- Possesses Significant Savings or Investments: Bank accounts and other financial assets can sometimes be levied to satisfy a court judgment.
- Has Other Valuable Assets: This could include things like boats, classic cars, or other luxury items that could be seized and sold.
If an investigation reveals that the driver has few or no assets and a low-paying job, the time, effort, and cost of a lawsuit may not yield a meaningful financial recovery. In these common scenarios, focusing on other avenues for compensation is often a more effective strategy.
The Legal Process of Suing an Uninsured Driver in California
If you and your legal counsel decide that suing an uninsured driver is the right path, it’s helpful to understand the basic steps involved. The journey from filing a lawsuit to collecting a judgment can be long and requires careful attention to legal procedures. The process is a reminder of why these cases require a detailed approach.
First, a formal complaint is filed with the court. This document outlines your claims against the at-fault driver, detailing the accident, your injuries, and the compensation you are seeking. Once filed, the driver must be officially notified through a process called “service of process.”
Next comes the “discovery” phase, where both sides exchange information and evidence. This can involve written questions, requests for documents, and depositions, which are formal interviews conducted under oath. If the case doesn’t settle, it proceeds to trial. At trial, a judge or jury will hear the evidence and decide if the other driver is liable and, if so, how much they should pay in damages.
If you win, the court issues a judgment in your favor. As mentioned, this is where the collection process begins. Under California law, there are several methods for collecting a judgment, which can include:
- Wage Garnishment: Obtaining a court order to have the debtor’s employer withhold a portion of their wages.
- Bank Levy: Seizing funds directly from the debtor’s bank account.
- Property Lien: Placing a legal claim on the debtor’s real estate.
Each of these steps requires adherence to strict legal rules and deadlines. For anyone dealing with recovery from a serious injury after a crash on a busy road like the I-5 in Irvine or the 91 Freeway in Riverside, managing this process on their own can be an immense challenge.
Are There Other Parties Who Could Be Held Accountable?
One of the most important aspects of investigating a car accident, especially one involving an uninsured driver, is determining if anyone else shares responsibility. The driver behind the wheel may not be the only person or entity that can be held accountable. A comprehensive investigation might uncover other potential sources of compensation.
For example, if the uninsured driver was working at the time of the collision—perhaps making a delivery or driving for a rideshare company—their employer’s commercial insurance policy may apply. This is known as “vicarious liability,” where an employer can be held responsible for the actions of an employee performing job-related duties.
Other possibilities include:
- The Vehicle’s Owner: If the driver was borrowing a car from a friend or family member, the vehicle owner’s insurance policy might provide some level of coverage.
- A Public Entity: In some cases, a dangerous road condition could be a contributing factor. A poorly maintained road in San Bernardino, a malfunctioning traffic light in Anaheim, or a hazardous intersection design could mean a government entity shares some of the blame.
- A Third Party: Another driver may have contributed to the crash without ever making contact with your vehicle. For instance, if a driver cut off the uninsured driver, causing them to swerve and hit you, that “phantom” driver could also be held partly responsible.
Identifying these additional parties requires a deep dive into the facts of the case. It often involves gathering police reports, interviewing witnesses, and sometimes consulting with accident reconstruction professionals to piece together exactly what happened. This level of investigation can reveal recovery options that were not immediately obvious.
The Role of an Attorney in an Uninsured Driver Accident
Facing the fallout of an accident with an uninsured driver can be a confusing and frustrating process. A personal injury attorney can provide clarity and manage the legal burdens, allowing you to focus on your physical and emotional recovery. Their involvement can be particularly valuable in identifying the best path forward, whether that involves a UM/UIM claim, a direct lawsuit, or pursuing a claim against a third party.
An experienced legal team can assist by:
- Conducting a Thorough Investigation: This includes not only analyzing the accident itself but also performing an asset check on the at-fault driver to determine if suing them is financially viable.
- Identifying All Sources of Compensation: They can uncover potential accountability from employers, vehicle owners, or other parties who may have contributed to the incident.
- Managing Your UM/UIM Claim: An attorney will handle all communications with your own insurance company, presenting evidence of your damages to seek the full compensation you are entitled to under your policy. Insurance companies may sometimes dispute the value of a claim, and a lawyer can advocate on your behalf.
- Meeting Critical Deadlines: California has a strict statute of limitations for filing personal injury lawsuits, generally two years from the date of the injury. An attorney ensures all paperwork is filed correctly and on time.
Ultimately, a lawyer’s role is to explore every available avenue for recovery and to build a strategy tailored to the unique circumstances of your case. This methodical approach is designed to secure the resources needed for your medical care, lost income, and future well-being.
FAQs: Suing an Uninsured Driver
Here are answers to some common questions about dealing with an uninsured driver accident.
What happens if the uninsured driver who hit me leaves the scene (hit-and-run)?
In a hit-and-run, your Uninsured Motorist (UM) coverage can often be used to cover your injuries. For this to apply, you typically need to report the accident to the police promptly and have some evidence that another vehicle was involved, such as physical contact or a witness statement.
How much uninsured motorist coverage should I have?
While the state has minimum requirements, it is often advisable to carry UM/UIM limits that are equal to your own liability coverage limits. This helps protect you and your family from catastrophic losses if you are seriously injured by a driver with little or no insurance.
Can I sue for property damage if I’m hit by an uninsured driver?
Yes, you can sue for property damage. However, many people carry collision coverage on their own auto insurance policy. Using your own collision coverage is typically the fastest and most reliable way to get your car repaired. You will have to pay your deductible, but your insurance company may try to recover it from the at-fault driver through a process called subrogation.
What if the other driver has insurance, but it’s not enough to cover my serious injuries?
This is precisely the situation where Underinsured Motorist (UIM) coverage applies. If your injuries and damages exceed the at-fault driver’s policy limits, your UIM coverage can kick in to cover the difference, up to the limits of your own policy.
Discuss Your Case with a Southern California Personal Injury Attorney
If you have been injured in an accident with an uninsured or underinsured driver, you may be facing significant medical bills and an uncertain future. These cases are often complex and require a meticulous approach to identify all possible paths to compensation. The dedicated trial attorneys at Bentley & More LLP are committed to helping people in Orange County, Riverside, San Bernardino, and across Southern California tell their stories and seek accountability.
Our firm focuses on serious and catastrophic injury cases that demand deep experience and substantial resources. We carefully prepare every case as if it will go to trial, building a powerful foundation to advocate for our clients’ needs. We measure our success not just in verdicts and settlements, but in the real difference we make in our clients’ lives.
To understand your legal options and discuss your situation, contact Bentley & More LLP today at (949) 870-3800 or through our online form for a free and confidential consultation.