What if the other driver does not have insurance?

What if the other driver does not have insurance?

You still have options. The absence of insurance on the other driver’s side does not mean the absence of recovery — and it does not mean you are without legal recourse.

Your own uninsured motorist coverage.

California requires insurance companies to offer uninsured motorist coverage as part of every auto policy. If you have this coverage — and most California drivers do unless they specifically opted out in writing — your own insurance company compensates you for damages caused by an uninsured driver. This coverage exists precisely for this situation.

Underinsured motorist coverage.

If the other driver had insurance but their policy limits are insufficient to cover the full extent of your damages, your underinsured motorist coverage may provide additional recovery up to your policy limits.

Pursuing the driver directly.

When a driver has no insurance and no significant assets, direct pursuit may not produce meaningful recovery. However we investigate every case individually — some drivers who appear to have no insurance carry assets, own property, or have employment income that can be attached through a legal judgment. We evaluate this avenue in every uninsured motorist case we handle.

Other potentially responsible parties.

Depending on the circumstances of the accident, other parties may share responsibility — an employer if the driver was operating a vehicle for work, a vehicle owner if different from the driver, a government entity if a road defect contributed, or a manufacturer if a vehicle defect was a factor. We identify every available avenue from the first review of your case.

Founding Partner Saar Swartzon has handled cases in which the defendant was entirely uninsured and recovered for the client through direct accountability — holding the responsible party personally liable when no policy existed. The absence of insurance is a challenge. It is not the end of the road.Call Cohn & Swartzon LLP at 888-480-3883. Our team is available 24 hours a day 7 days a week at legalhelp123.com. The consultation is always free.