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.