Proving an Unisured Motorist Liable for an Accident

Talk to a Car Accident Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Rodney Mesriani contact

Contact Rodney Mesriani

Santa Monica, CA

Practice Areas: Auto Accident, Disability, Employment, Personal Injury, Sexual Harassment, Social Security Disability, Wrongful Death

Other Articles by the Author
 

Sometimes, no matter how careful you are when you drive, you may get involved in an accident. But what would make matters worse for you is if the other party who caused the accident is not only negligent but also uninsured.

Although the law requires that all drivers must have at least minimal Auto Insurance package, in California specifically, all vehicles driven on the road should have liability insurance that provides financial responsibility for any damage or injury caused by a traffic collision regardless of fault. Sadly however, many drivers have either ignored this or do not have the financial capacity to afford any type of insurance policy. So if you had the misfortune of getting into an accident with a proven uninsured motorist, chances are, it will be difficult for you to receive compensation especially if the uninsured driver is broke.

Thus, if you have your own car insurance, it would be important for you to prove the accident was caused by an uninsured driver to your own insurance company so you can get compensated under your own coverage. This is when uninsured or underinsured motorist coverage comes in handy. Uninsured or underinsured motorist insurance (UM/UIM) is a type of policy that provides coverage if the other driver who is at fault does not have insurance or sufficient insurance to compensate you for any injury or damage you suffered as a result of the accident.

The other driver may be considered at fault if he was negligent or reckless in operating the vehicle, driving under the influence, or violating any traffic rules and laws right before the accident occurred. However, do take note that while having a UM or UIM may give you a safety net in case of an accident with an uninsured motorist, the other party must not just be proven at fault but also proven to be uninsured.

To prove uninsured motorists, make sure that you do the following:

  1. Get the other driver’s information. If he has no insurance policy, make sure you get his other details such as full name and driver’s license contact information.
  2. Take a picture of the accident site and take note of other factors which may have also caused the crash.
  3. Make sure that you get a written and signed statement from the other driver affirming the fact that he does not have any insurance.
  4. Report the accident to the police and get a copy of the police report.
  5. Contact your insurance company about the accident as soon as possible and forward to them the above-mentioned details.

When making a claim to your insurance company especially when it involves an insured motorist, the following information are necessary before your insurance company would pay for any injuries or damages you suffered. Consult with any car accident attorney in case you are having problems with your insurance company especially involving uninsured motorists.

LA-WS4:0.9.17.120126.12696+