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Accident with Uninsured Driver

Anderson Franco Law Team

If you’re involved in a car accident with an uninsured driver, it can be a confusing and stressful situation. But it’s important to know that California law requires all drivers to have liability insurance (California Insurance Code § 11580.1b). So, if the other driver is at fault and they don’t have insurance, there are a few options available to you.

Option 1: Use Your Own Insurance

The first option is to use your own insurance, specifically your uninsured motorist coverage (California Insurance Code § 11580.2(p)(1)). This coverage will kick in if you’re in an accident with a driver who doesn’t have insurance or if you’re hit by a hit-and-run driver. Your own insurance will cover your medical expenses, lost wages, and other damages up to your policy limits. However, if you use your own insurance, your rates may go up in the future.

Option 2: Sue the Other Driver

Another option is to sue the other driver for damages. This can be a long and complicated process, but it may be worth it if the other driver has assets that can be seized to pay for your damages. However, many uninsured drivers don’t have much in the way of assets, so this option may not be very practical.

Option 3: Seek Legal Assistance

If you’ve been in an accident with an uninsured driver, it’s important to seek legal assistance as soon as possible. An attorney can help you navigate the legal system and advise you on the best course of action. They can also help you deal with your insurance company and make sure you get the compensation you’re entitled to. You can contact Anderson Franco for more information.

Option 4: File a claim with the California Victim Compensation Board

Additionally, California has a Victim Compensation Board, which is a fund that compensates victims of crimes. However, to be eligible you must meet certain criteria. You can read more about the Victim Compensation Board on the CalVCB Website.

Reach out to an Attorney

Getting into an accident with an uninsured driver can be a frustrating and stressful experience, but it’s important to know that there are options available to you. Whether you choose to use your own insurance, sue the other driver, seek legal assistance or file a claim with the CalVCB, it’s important to take action as soon as possible to protect your rights and get the compensation you deserve. Always keep in mind that it’s wise to have an Uninsured motorist coverage (California Insurance Code § 11580.2(p)(1)) to protect yourself. You can read more about car, bike, and motorcycle accidents on Anderson’s website.

Client Reviews

I don’t know jack about law, let alone how to navigate my way through any of it. Anderson was beyond helpful and patient with me as we both dealt with a bs lawsuit. I can’t recommend him enough, and I wouldn’t waste my...


I had the pleasure of speaking with Anderson and he was super friendly and helpful and took the time to talk through and explain the various issues at play with my situation. His type of service is one that is most often...


Attorney Franco is kind and understanding. He is knowledgeable and patient to us explaining every detail of what we have to do. He will support you all the way. Thanks again Attorney.


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