Posted on Insurance Law Blog / BlogIs It A Waste of Time To Sue An Uninsured Driver For Car Accident Damages?

Page Updated 12/09/2021

Is It A Waste of Time To Sue An Uninsured Driver For Car Accident Damages?


The average American with car insurance believes that their car insurance will take care of the repairs and medical expenses after an accident.

Generally, this is true, but it does not take into account what happens if the other driver has no insurance or is under-insured. Below, world famous Los Angeles insurance law attorney, Michael Ehline shares some secrets and tips about the uninsured driver claims process, its futility and utility.

If Your Insurance Company Won’t Cover You After an Uninsured Driver Hits You, Contact Ehline Law

Underinsured and Uninsured Motorist Coverage

The uninsured motorist coverage works in a situation where a driver is not carrying property damage or personal injury liability insurance and gets involved in a crash.

The under-insured motorist coverage is a little different in that the driver who has caused the damage or injury may have car insurance, but their insurance policy has coverage limits that are insufficient to cover the damages.

For a driver to get insurance in case of an accident, they must have insurance coverage specific to uninsured motorist insurance or underinsured motorist coverage.

In fact, if an uninsured or underinsured driver hits you, unless you have insurance specifically covering such an instance, there is a chance you may not be able to recover damages at all.

For example, California law requires that insurance companies offer uninsured motorist coverage or underinsured motorist auto insurance coverage with every policy sold.

The two coverage types provide liability insurance when the at-fault driver does not have the required minimum or insufficient liability coverage limits to cover damages, medical bills, and lost wages.

However, in California, the policyholder has the right to decline UIM coverage.

Should You Sue an Uninsured Driver After an Accident?

Your best option to recover damages when you get in an accident with an uninsured driver is to seek compensation from your own insurance company with your insurance policy that has the add-on uninsured motorist coverage.

Your insurance company may deny the claim, and then you will have to consider other options like filing a personal injury lawsuit against the at-fault driver.

However, because drivers who have no car insurance don’t have much money or assets, this may not be effective.

No matter what the uninsured driver uses as an excuse for not obtaining car insurance, you may still be able to obtain compensation after an accident as the court may rule that uninsured drivers pay a mandatory monthly fee to people who experience damages because of an accident they caused.

How to Approach Car Accident Insurance Claims

You may not have to sue the uninsured driver to get the compensation you deserve after a California auto vehicle accident.

The best approach is to use your uninsured motorist insurance as your first resource for compensation against an uninsured motorist.

Nonetheless, you can sue your insurance company if they refuse to pay damages when you have UIM coverage.

Waste no time to alert your insurance company about the accident immediately after it happens so that you can tell your insurance agent that you plan on filing an uninsured motorist claim.

Call an experienced car accident attorney at Ehline law firm for legal advice on your personal injury claim at (213) 596-9642 or using our convenient website contact form.

Contact an Auto Accident Attorney As Soon As Possible

If you are part of auto accidents that involve uninsured motorists, you must get reputable car accident attorneys to help you figure out exactly what you need to do to get proper compensation, especially from the other driver’s insurance company.

At Ehline Law Firm, a personal injury attorney is waiting to come to your aid. Contact us today to learn more about how we can help you. A reputable and experienced personal injury lawyer can help you figure out exactly what you need to do to get proper compensation with a free consultation.

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Downtown Los Angeles Office
633 West 5th Street #2890
Los Angeles, CA 90071
(213) 596-9642
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633 West 5th Street #2890
Los Angeles, CA 90071
(213) 596-9642
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