Lawyers for Uninsured Motorist Accidents in Los Angeles

Car accidents are stressful under any circumstances, but they’re especially frustrating when the at-fault driver doesn’t have insurance. Unfortunately, this scenario is more common than you might think. Despite legal requirements that all drivers carry liability insurance, the Insurance Research Council estimates that roughly 1 in 7 drivers nationwide is uninsured, and in California, that figure is closer to one in six.

So what happens if you’re struck by an uninsured driver on a Los Angeles street or freeway? Who pays for your medical bills, lost income, or car repairs? And how can a personal injury lawyer help you pursue the compensation you deserve? At Kosnett Law Firm, our Los Angeles car accident lawyers help accident victims deal with these complex situations every day. Below, we explain your options and what steps to take if you’re hit by an uninsured or underinsured driver in California.

California’s Minimum Insurance Requirements

California law requires every registered driver to carry minimum liability insurance coverage, which must include at least:

• $15,000 for injury or death to one person
• $30,000 for injury or death to more than one person
• $5,000 for property damage

These amounts are meant to cover your medical expenses and property damage if you are injured by a negligent driver. But what happens when the other driver doesn’t carry any insurance, or if they flee the scene entirely?

Uninsured vs. Underinsured Motorists: What’s the Difference?

An uninsured motorist (UM) is someone who doesn’t have any auto liability insurance at all. A driver who commits a hit-and-run is also legally treated as an uninsured driver for insurance purposes.

An underinsured motorist (UIM) is someone who does have insurance, but their policy limits aren’t enough to cover the full extent of your losses. For example, if your injuries cost $50,000 but the at-fault driver only carries the minimum $15,000 bodily injury coverage, they’re underinsured. California’s minimum requirements are among the lowest in the nation and are often inadequate after a serious accident.

In either situation, you may find yourself facing significant medical bills, lost wages, and other expenses that the at-fault driver can’t pay. That’s where your own insurance coverage comes into play if you have it.

How Uninsured Motorist Coverage Works

California insurance companies are required to offer you uninsured/underinsured motorist coverage (often abbreviated UM/UIM) when you buy an auto policy. This coverage is optional, but it’s one of the smartest protections you can have. If you carry UM/UIM coverage, your own insurance company steps in to pay for your damages up to your policy limits when the other driver can’t. It typically covers:

• Medical expenses for you and your passengers
• Lost income if you can’t work due to accident-related injuries
• Pain and suffering
• In some cases, property damage (depending on your policy)

For example, if you have $100,000 in UM/UIM bodily injury coverage and you’re hit by a driver with no insurance, you can file a claim with your own insurer for up to $100,000 to cover your losses — minus anything you recover from the at-fault driver directly (which is often unlikely).

What if You Don’t Have UM/UIM Coverage?

If you don’t carry uninsured motorist coverage or your losses exceed your policy limits, you still have the right to pursue the at-fault driver directly for damages. In reality, however, many uninsured drivers simply don’t have the assets or income to pay for your injuries out of pocket. Even if you win a lawsuit, collecting the money can be extremely difficult.

That’s why uninsured motorist coverage is so valuable. It protects you against exactly this problem. If you don’t have it yet, talk to your insurance agent about adding it to your policy. It’s usually quite affordable compared to the potential financial burden of a serious crash.

Steps to Take After an Accident With an Uninsured Driver

An accident with an uninsured or underinsured driver can be confusing and overwhelming. Taking the right steps at the scene and afterward can help protect your health and strengthen your claim. Here’s what to do if you’re hit by an uninsured driver:

1. Check for Injuries and Call 911: Get medical help immediately if anyone is hurt. A police report is also critical, especially for uninsured or hit-and-run accidents.

2. Exchange Information: Get the other driver’s contact details, driver’s license number, and vehicle information. If they have insurance, get the name of the company and policy number. If they admit they don’t have insurance, make a note of that.

3. Gather Evidence: Take photos of the vehicles, damage, the accident scene, and any visible injuries. If there are witnesses, get their statements and contact information.

4. Notify Your Insurance Company: Report the accident as soon as possible, but be cautious about giving detailed statements until you understand your rights.

5. Seek Medical Care: Even if you feel okay, see a doctor to rule out hidden injuries. Some injuries take days to fully appear.

6. Contact an Experienced Personal Injury Lawyer: Insurance companies often try to limit UM/UIM payouts or deny claims altogether. A knowledgeable attorney can help you fight for full compensation.

Common Challenges With UM/UIM Claims in Los Angeles

Many drivers assume that filing an uninsured motorist claim with their own insurer will be simple. After all, you’ve paid your premiums for exactly this situation. Unfortunately, insurance companies don’t always make it easy. Your insurer may, for instance, dispute the extent of your injuries, argue that you were partly at fault for the accident, claim that your medical treatment wasn’t necessary, or offer a low settlement that doesn’t cover all your losses.

Remember, your own insurance company effectively becomes the opposing side in a UM/UIM claim. Their goal is to minimize what they pay you. That’s why having an experienced personal injury attorney on your side can make all the difference.

Recovering Damages From an Uninsured Motorist Accident

If you’re hurt in an accident caused by an uninsured or underinsured driver, you may be able to recover compensation for:

• Hospital bills, surgeries, and future medical treatment
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage
• Costs for rehabilitation or long-term care

In rare cases, you may also be able to pursue the at-fault driver directly for additional damages, but realistically, uninsured drivers often have few assets to collect against. An attorney can help you weigh whether it’s worthwhile to pursue them personally.

Can You Sue an Uninsured Driver?

Legally, yes, you can sue an uninsured driver just like any other negligent driver. But whether it’s worth it depends on whether they have any income or assets you can collect. If the driver has no job, no savings, and no property, winning a judgment may not result in any actual recovery.

In some cases, a court can garnish wages or put a lien on property, but these steps take time and may yield little if the driver has limited resources. That’s why your UM/UIM coverage is usually your best option.

How Kosnett Law Firm Can Help

At Kosnett Law Firm, we know how complex uninsured and underinsured motorist claims can be and how often insurance companies try to delay or deny valid claims. Our Los Angeles car accident lawyers have extensive experience standing up to insurers and protecting our clients’ rights.

When you hire us to handle your uninsured motorist claim, we can investigate the accident and gather evidence of fault. Plus, we’ll review your policy and advise you on coverage options. We handle all communications with your insurance company, including negotiating for a fair settlement that covers your full losses or taking your case to court if necessary to secure the compensation you deserve.

We handle these cases on a contingency fee basis, meaning you don’t pay us any legal fees unless we recover money for you.

Talk to a Los Angeles Uninsured Motorist Accident Lawyer Today

Getting into a car accident is stressful enough. Learning that the at-fault driver has no insurance shouldn’t add to your burden. If you’ve been injured by an uninsured or underinsured driver in Los Angeles, Kosnett Law Firm is here to help you every step of the way. Don’t face the insurance company alone. Contact us today for a free consultation. Let us fight for your rights so you can focus on healing and moving forward.