Call for a Free, Confidential Consultation 24/7

What Are Your Legal Options After an Uninsured Driver Accident?

What legal options do you have after an uninsured driver accident? Can you make a claim for compensation?

Car accidents with uninsured drivers in Southern California often put the driver who wasn’t at fault in a difficult situation, especially if you were injured.

Seeking Compensation After an Uninsured Driver Accident

Even though state and federal laws require auto insurance, studies show that approximately one out of six California drivers are uninsured.

If seeking compensation from an uninsured and negligent driver is not an option, you will need to file an uninsured motorist claim with your own insurance carrier, provided you have that coverage. The compensation you ultimately receive may come down to how effectively you, or your legal representative, pursues your claim.

4 Types of Damages You Can Claim

A compensation claim for an uninsured driver accident typically includes damages that fall into four categories – medical costs, lost wages, property damage, and non-economic damages. We’ll explain each below.

1. Medical Costs

Medical costs are one of the most common forms of damages after an auto accident. Expenditures like an ambulance ride, hospital visit, diagnostic tests, physical therapy, and more should be included as part of your uninsured driver accident claim.

Further, an effective claim should factor in potential future medical costs, especially if the accident injured the head, neck, or spine, or other areas that may require future treatment. These conditions can create additional health challenges months or even years after an accident, and your settlement should accommodate the possibility of future treatment needs.

2. Lost Wages

If you are unable to work because of an accident with an uninsured driver, you can seek those lost wages in the damages claim you file with your insurance company. 

3. Property Damage

Any property damage that occurred as a result of the accident should also be included in your insurance claim.

4. Pain & Suffering

Emotional stress, as well as conditions like depression, anxiety, and other emotional claims may be included as non-economic damages or ‘pain and suffering’ as part of your claim. 

While a claims based solely on emotional distress damages are difficult in California, these elements will be important for seeking compensation after an accident.

Why You Need Personal Injury Attorneys After an Uninsured Driver Accident 

As you might imagine, filing an uninsured motorist claim that includes all of the elements above with your insurance carrier requires a lot of time, effort, and legal knowledge. And if you want the compensation you’re entitled to, negotiation and even litigation might be necessary before the process is over.

For these reasons and more, choosing legal professionals like Cohn & Swartzon is the best option for proceeding with an uninsured driver accident claim. Firm co-founder Saar Swartzon can further illuminate why hiring the right attorney is so important:

“When you’re in an accident with an uninsured driver, your insurance company has no incentive to provide you with the settlement you deserve. In fact, they’ll do everything they can to reduce or deny compensation. That’s why, when you’re focused on recovery, you should have professional representation who can protect your rights and help you regain a normal life.”

– Saar Swartzon, Founding Principal, Cohn & Swartzon

Finally, because cost is often a factor in uninsured driver cases, it’s important to note that Cohn & Swartzon only handle accident cases on a contingency basis, which means that the firm only receives compensation if you receive a settlement. In other words, you don’t pay out of pocket, and we don’t get paid unless you do. 

Contact Cohn & Swartzon now for a free assessment of your uninsured driver accident case.



This website ( constitutes “advertising” as that term is defined in California Business and Professions Code section 6157(c) and is also a “communication” as set forth by California Rules of Professional Conduct, Rule 7.1.

Agreement: By using Cohn & Swartzon’s website ( and information, documents, videos and other materials contained herein, you agree you have read and will abide by the following terms and conditions of use. This website is published for informational purposes only. Cohn & Swartzon will not be held liable or accountable if you fail to read or abide by the terms contained herein. If you do not agree to these terms, discontinue use of this site immediately. Even if you bookmark a particular portion of this site and bypass this Agreement, your use of this site still binds you to the terms contained herein. Cohn & Swartzon reserves the right to change/modify these terms at any time.

1. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP CREATED BY YOUR USE OF, OR COMMUNICATION THROUGH, THIS WEBSITE. The submission of a legal inquiry, contact or email through this website, or telephone call, facsimile or other communication through telephone number(s) listed on this site will not and does not create an attorney-client relationship. No attorney-client relationship will be formed with Cohn & Swartzon or its attorneys unless there is a fully signed and dated written retainer agreement between all parties.

2. Any information provided through or via this website by anyone who is not a current, retained client of Cohn & Swartzon is NOT CONFIDENTIAL OR PRIVILEGED and Cohn & Swartzon is not under any duty to keep such information confidential or privileged. Unless and until a formal attorney client relationship exists, Cohn & Swartzon will assume that any information is not confidential and will not be held liable or accountable for the security and privacy of such information or communication.

3. The information, documents, videos and other materials contained in this website is of a general nature and is NOT INTENDED TO CONVEY OR CONSTITUTE LEGAL ADVICE. In addition, the information, documents, videos and other materials contained in this website does not necessarily reflect the opinion of Cohn & Swartzon or its attorneys, employees or clients. There is no guarantee that the information provided is correct, complete, or current, and is not a substitute for obtaining legal advice from a proper, qualified attorney or law firm. You should not act or rely on any such information without first obtaining legal advice from a proper, qualified attorney or law firm. Hiring an attorney or law firm is an extremely important decision with serious ramifications that should not be based solely upon information in this website, communications or advertisements.

4. The case results portrayed in this website were dependent on the facts of each specific case and the results will differ if based upon different facts.

5. This website may contain links to other sources and website but are not intended to imply that Cohn & Swartzon is legally authorized to use or associated with any registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

6. To the extent the State Bar Rules in your jurisdiction require Cohn & Swartzon to designate a principal office and/or a single attorney responsible for this website, Cohn & Swartzon, P.C. designates its office in Orange County, California, as its principal office. 

7. The contents of this website may constitute advertising under the applicable laws and ethical rules of some jurisdictions. If this website fails to comply with the applicable laws and ethical rules of the state from which you view this website, Cohn & Swartzon, P.C. does not wish to represent you. Unless otherwise noted, the attorneys listed on this website are not certified by the boards of legal specialization of any state or governmental agency. The attorneys listed herein are licensed to practice only in the jurisdictions listed in their biographies.

8. Use of this website is at your own risk. This website and all services, information, documents, videos and materials available on or through this site are provided solely “as is” and without any express representations or warranties of any kind. Cohn & Swartzon, P.C. expressly disclaims all statutory or implied representations, warranties, terms, and conditions with respect to the site and all services, information, documents, videos and materials available on or through the site, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement, and title. Cohn & Swartzon, P.C. makes no representation or warranty that the website will be accurate, complete, up-to-date or error-free. You hereby agree that you bear all risks associated with the use of the site, including any reliance on the accuracy, completeness, or usefulness of any information, content, materials on or available through this website.

9. Cohn & Swartzon, P.C. will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind in connection with the site, nor for any damages for loss of profits, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the site, or unauthorized interception of any such information by third parties. Further, Cohn & Swartzon, P.C. will not be liable for damages of any kind resulting from your use of the website or from any information or materials on the site.

10. The verdicts and settlements listed on this site are intended to be representative of cases handled by Cohn & Swartzon, P.C.. These listings are not a guarantee or prediction of the outcome of any other claims