According to California Vehicle Code 20008, drivers are required to report the incident to police within 24 hours of being in an accident. Even if you were not at fault, you were required to report the accident to the police.
Failure to report an accident can result in fines and license suspension. A common mistake most drivers make is thinking they can avoid having their rates raised by not informing their insurance about a minor accident. However, this can easily backfire.
If the other driver involved in the minor accident files a lawsuit against you for the accident, then your insurance does not have to uphold their policy agreement with you since you failed to report an accident after it happened. This will cause you to have to pay for damages without the help of your insurance.
What Happens if the At-Fault Driver Doesn’t Have Car Insurance in a Fremont Car Accident?
If the at-fault driver in your auto accident doesn’t have car insurance, you file a claim with your insurance company or file a lawsuit against the at-fault party as an individual to collect damages. Most people would like to think every driver is insured, but unfortunately, that is not the case. According to the Insurance Information Institute, over 20% of drivers are either underinsured or not insured at all. So, it is always a good idea to consult with an experienced Car Accident Lawyer when you have to deal with underinsured/uninsured motorists.
How to Handle a Car Accident with an Uninsured Driver
If you find yourself involved in an accident with an uninsured/underinsured driver, you should still follow the same steps as in any other car accident whether the driver is fully insured or not. It is recommended to contact the police and have them file a report. The report will contain important details that will serve as evidence against the at-fault driver. Be wary of other drivers trying to avoid contacting the police. An uninsured driver may try to keep law enforcement from getting involved out of fear of the consequences of being uninsured.
Next, take pictures of the scene, your vehicle, the license plates of all vehicles involved, and your injuries. Documenting these things at the scene of the accident will help you build a strong case. This evidence will also help you in case the other driver tries to deny fault, or your insurance tries to deny your claim for any reason. And be sure to exchange contact information with the other driver. Your insurance company will need to contact the at-fault driver, especially if they’re uninsured.
Lastly, after the accident, seek medical attention immediately. Even if you don’t feel injured, seeing a doctor after an accident will only help your claim, whereas not seeking medical treatment can hurt your case in a number of ways.
What to do After a Car Accident In California
The steps you take after a car accident will be important to ensuring you and your passenger’s safety, as well as protecting your right to compensation if you decide to take legal action. After a car accident, you should:
- Ensure the safety of you and your passengers: Depending on the situation, this could mean moving your car to the side of the road, or if you are severely injured, it could mean remaining where you are until help arrives. Check yourself for burns, lacerations, or broken bones. Oftentimes, the adrenaline from an accident can mask the pain from major injuries.
- Call the Police: The police will file an accident report and take down the names of everyone involved, as well as assign fault based on the evidence in front of them. A police report will serve as evidence if you need to back up your claims later.
- Document the incident: Take photos or film the aftermath of the bus accident. Film yourself recounting the details of the incident and describe the pain you’re in. It is best to capture how the accident played out while the memory is still fresh in your mind.
- Gather witness statements and driver information: Film or record witnesses willing to give a statement about the accident. Take down their names and phone numbers. Take a picture of the other driver’s license and license plate number. Take down the contact information. All of this information will help support your claim and assist your attorney in building your case if you end up taking legal action.
- Do NOT admit fault: Don’t admit fault even if you feel you may have caused the accident. Allow the police to conduct their investigation and determine fault.
- Get Medical Attention: Even if you feel fine, it is important to get checked out by a doctor or go to a hospital. Certain injuries can lie dormant and manifest themselves hours, or even days later.
- Notify your insurance of the accident: Notifying your insurance of the accident is typically a part of any auto insurance policy. Failing to report an accident can result in a dismissal of your policy agreement, depending on the contract you signed with your insurance company.
The Importance of Getting an Accident Report
After an accident, it is normal to be too overwhelmed with medical appointments, managing insurance companies, and keeping up with daily life while you’re recovering. However, having an accident report is crucial information necessary to recover compensation from your vehicle accident claim. Accident reports detail how the collision occurred and should include:
- Names and contact information of the involved drivers
- Parties of interest, such as passengers, property owners, vehicle owners, drivers, witnesses, and anyone else involved
- Date, time, and location of the accident
- Citations for any type of driving behavior, including whether a driver was intoxicated, speeding, or otherwise violating traffic laws
- Police officer’s opinion as to who or what caused the accident
Since police reports can contain hearsay statements, it is important to remember that accident reports cannot be used as evidence in your car accident claim.
Contact a Fremont Car Accident Lawyer for Legal Help
If you believe your insurance rate has been unfairly increased after a no-fault accident, the Maison Law Accident and Injury Lawyers of Fremont can help. Our team of accident attorneys understands how to analyze police reports and will conduct a full investigation into the details of your insurance policy to remove liability and keep your insurance rates from going up.
Contact us today for a no-cost, no-obligation consultation.