Uninsured auto accidents can cause serious injuries, even if the victim is not you. California’s “don’t Pay don’t Play” law applies. You cannot sue the person who hit you if you don’t have liabilityinsurance. This applies to both property damage and bodily injury claims. You are left to your own devices.
If you’re not living in California, let me be the first to tell you: Stop driving without insurance. Get a policy! Your premiums are rising. This does not mean insurance companies are given a pass. It is important to know how to protect yourself. You made a huge mistake, no question. You must learn how to protect your rights so that you don’t get treated unfairly.
Insurance companies don’t like people without insurance. Judges, juries and lawyers, as well as medical providers and the general public, do not agree with them. Insurance companies will deny you a claim and then blame you for the accident. They will place “fault” upon you. The insurance company will accept liability if you are not at fault. However, if you or someone else is at fault, the insurance company may be less reasonable. The insurance company will send you a denial notice and have a duty to believe the client. Insurance companies will believe their clients. If the other driver doesn’t admit fault, it is up to you to challenge them. You will need to understand the claims process and negotiate like you are your own insurance adjuster. It is important to have the ability to settle an uninsured auto accident.
You don’t have to have insurance to cause an accident. Separate the two and make sure to document your claim. This will prove that you were not responsible for the accident. First, you need to obtain a copy the police report. The Police Records Office can provide a copy. Some jurisdictions will provide you with a copy within 24 hours. Others may take up to two months. You should carefully read the police report once you have it. Make sure you ask the police records office for an overlay sheet or visit:http://www.auto-insurance-claim-advice.com/overlay-sheet.html to download one from your state.
It is important to consider what contributing circumstances were attributed you and the other driver. You can make a claim to your insurance company if there are no codes or statements from the officer citing you as at fault.
You can read the police report and identify witnesses. Contact them to see if they are willing to make a statement. If you are not at fault, many witnesses can help. You should also consider the physical damage to both cars. Is it possible that the accident occurred as the insurance company claims?
Send a letter explaining your position to the insurance company. What is your evidence? Give them a date. If they don’t answer, you can file small claims court
lawsuit. Most insurance companies will attempt to settle the case before you take it to court. If they refuse to settle, you can go before a judge explaining why you are not at fault. If you have a clear case, the insurance company will pay the judgment.
This is not the best way to handle an uninsured auto accident. It would be much easier if you had insurance. Consult an attorney if you feel you are being “snowed by” the insurance company.
