What To Do If An Uninsured Driver Hits You
If an uninsured driver hits you, call 9-1-1 to get the police to come to the accident scene and make a police report. If you do not need to go to the hospital in an ambulance, then document the accident scene as much as possible by taking photos and videos. Call an attorney at (281) 475-4535 for a free consultation.
It is best to call an attorney as soon as possible and not speak to anyone else about the accident. Do not post anything about the accident on social media without first consulting with an attorney. Social media posts may be evidence used against you.
Not Having Proof of Financial Responsibility is a Crime
In California and Nevada driving without insurance is a criminal offense. Having insurance is called “proof of financial responsibility.” The laws require drivers to show proof of insurance to the other driver at an accident scene and the police. The police will issue a citation to any driver who cannot show insurance proof.
Driving a vehicle without insurance in California risks a ticket for the offense and license suspension for up to four years. In Nevada, driving an uninsured vehicle is a misdemeanor with a fine of $250 up to $1,000 and a license suspension. To reinstate a driver’s license costs up to $750.
Uninsured Motorist Coverage
Even though uninsured motorist coverage is not mandatory, getting this extra insurance coverage is possible. It is wise to add this coverage just in case you get hit by an uninsured driver. If you have this insurance coverage, your attorney will help you negotiate a settlement with the insurance company.
If you carry MedPay insurance in California, it is no-fault insurance that pays medical expenses up to the policy limit. MedPay is not required insurance but is good to have.
Can you sue the uninsured driver?
Yes, you can sue the person who caused the accident. Before filing a lawsuit, it is wise to determine if the person you sue has any ability to pay.
If you caused the accident or are partially responsible, you need the help of an attorney to protect your rights. Your attorney will help you evaluate your case when deciding whether to sue or not.
In California, you have two years from the injury claim and three years from the property damage claim to sue. In Nevada, the deadline to file a lawsuit is two years after the accident date.
If you fail to file a lawsuit within the time limits, you lose the right to recover damages.
There may be other people who have shared liability. Shared liability may arise if the accident involved more than two vehicles or if another person did something that contributed to the cause of the accident.