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Uninsured Motorist Claim Payouts | Seek for Professional | Legal Help

May 9, 2023/0 Comments/in blog/by khaus

When we consider that the Uninsured Motorist (UIM) case is very common in Los Angeles, raising public awareness of this problem is imperative. The frequency of accidents with these specifics is based on a large number of uninsured drivers. Estimates say that as many as 20-25% of drivers in Los Angeles do not have insurance, which represents a potential risk for any road user when it comes to claims. Hence, it is very important to be proactively informed about the UIM case so that you know what to do if you experience a traffic trouble related to this case. If you have already experienced such an inconvenience, this text will help you understand what kind of situation it is and how to act in that situation. A more detailed explanation of the UIM case follows below.

What is UIM in terms of law?

An uninsured motorist claim is a legal action that a person can take against an at-fault driver who does not have automobile insurance. If a person is injured in an accident caused by an uninsured driver, they can file a claim with their own insurance company to recover compensation for their losses. This type of claim is important because it helps people who have been injured in accidents involving uninsured drivers to receive the financial compensation they deserve.

Understanding the process of UIM settlement

An uninsured/underinsured motorist (UIM) settlement is a legal agreement between an individual and an insurance company or other party that compensates an injured party for their losses. UIM settlements are important because they provide financial relief to those who have suffered an injury due to the negligence of another driver who does not have adequate automobile insurance coverage.

The first step in obtaining a UIM settlement is to file a claim with the at-fault driver’s insurance company. Unfortunately, if the other driver is not insured or does not have enough coverage to settle all the costs of the accident, then the insurance company cannot provide compensation. In this case, the injured person must contact their own insurance company and file a claim.

The injured person must submit information about the accident, such as the date, time, and location, when filing a UIM claim.They will also need to provide the insurance company with a detailed description of the injuries sustained as a result of the accident. The insurance company will then evaluate the claim and determine what type of compensation the injured person is entitled to.

The severity of an individual’s injuries will be factored into the amount of compensation they can receive from a UIM settlement, that is, UIM settlement will be determined by the severity of their injuries. Generally, compensation is intended to cover medical expenses, lost wages, and pain and suffering. In some cases, the individual may also be able to receive compensation for property damage.

In addition to providing financial compensation, a UIM settlement can also help to hold the at-fault driver accountable for their actions. This is important because it sends a message that driving without adequate insurance is unacceptable.

How long does an underinsured motorist claim take?

The length of time it takes to settle an underinsured motorist (UIM) claim can vary significantly depending on a variety of factors. Generally, underinsured motorist claim can take anywhere from several weeks to several years to reach a settlement. The amount of time it takes to settle a UIM claim can depend on a number of factors, such as the complexity of the case, the severity of the injuries, and the speed with which the insurance company investigates the claim. In some cases, the insurance company may require the injured person to undergo medical evaluations or provide additional evidence to support their claim. These types of delays can add to the length of time it takes to settle a claim.

In addition to the insurance company’s investigation, the amount of time it takes to settle a UIM claim can also depend on the negotiation process. The injured person may need to negotiate with the insurance company in order to receive a fair settlement. This can take some time, as the insurance company may not be willing to offer a fair amount of compensation. In summary, it is important to be patient and follow up with the insurance company on a regular basis to ensure that the claim is being handled properly. Keep in mind that the process may take some time, and that consulting with an experienced attorney is necessary in the majority of such cases for a successful outcome.

Contact attorney for professional legal help and support

Bojat Law Group Los Angeles is dedicated to helping those who have been injured in an accident involving an uninsured or underinsured motorist. The team of experienced attorneys at Bojat Law Group Los Angeles can provide legal assistance with filing a UIM claim and negotiating a fair settlement.

The process of filing a UIM claim can be complicated and time-consuming, which is why it’s important to have an experienced legal team on your side. The Bojat Law Group Los Angeles can provide guidance and advice throughout the entire process, from submitting the initial claim to negotiating an equitable settlement.

The catastrophic injury attorney Los Angeles from Bojat Law Group Los Angeles has extensive experience handling UIM claims and can help ensure that the injured person receives the maximum amount of compensation they are entitled to. We will provide the injured person with a detailed explanation of the legal process, along with the advice on how to best negotiate a settlement.

The attorneys at Bojat Law Group Los Angeles understand that an injury caused by an uninsured or underinsured motorist can have a devastating impact on an individual’s life. That’s why we are committed to helping injured individuals receive the financial compensation they deserve. Obtain full and thorough legal assistance and support if you or someone close to you has been involved in such a situation and get the maximum possible compensation from this case.

Pedestrian Accidents – A Growing Problem in Los Angeles

May 9, 2023/0 Comments/in blog/by khaus

PEOPLE LIKE TO WALK, AS THEY SHOULD BECAUSE OF PHYSICAL HEALTH, BUT IS IT SAFE AT ALL? IN LOS ANGELES, IT SEEMS TO BE THE LEAST SAFE CHOICE TO GET AROUND TOWN.

Traffic accidents are a big problem for every society. Every country strives to reduce such cases to a minimum by tightening the penalties for traffic offenders who endanger other road users, especially pedestrians, by reckless driving. This problem, as it seems, is not only not being solved, but the situation is getting even worse. Such is the situation with a special type of traffic accidents, that is, pedestrian accidents. Pedestrian accidents are one of the leading traffic problems in America, which despite punitive measures is becoming more and more serious. Los Angeles stands out for the number of traffic accidents in which pedestrians are the injured party.

As much as the law in Los Angeles tries to regulate the negligence of drivers and ensure the safety of pedestrians, the number of people injured and killed on the sidewalk or in the crosswalk is increasing. People are increasingly afraid to walk down the street when they are aware of the statistics regarding pedestrian traffic accidents. So, it is not easy and harmless to be a pedestrian in Los Angeles at all, but we are on the side of pedestrians and provide them with all the necessary legal assistance in this case.

Official data on pedestrian fatalities in Los Angeles are alarming

First of all, everyone is a pedestrian. Even drivers who go everywhere by car are pedestrians at some point, at least while they are getting out of the car and heading home. Everyone should be aware that safety is a priority when driving, especially for those who indirectly participate in traffic, that is, pedestrians who carelessly walk in their zone – the sidewalk. The problem arises when drivers do not have enough awareness and conscience of their responsibility from the moment they get into the car and endanger other people with their behavior in traffic. In the worst case (which, unfortunately, is not rare), reckless driving leads to fatalities, that is, people are being killed while walking on the sidewalk or crossing the street. Los Angeles has been struggling with this problem for a long time, and to make matters worse, this problem is getting bigger and bigger.

Despite all initiatives to raise awareness among drivers about conscientious driving, pedestrian accidents in Los Angeles are increasing every year. According to data from the Los Angeles Police Department, the number of pedestrian deaths in traffic in 2021 increased by as much as 6% compared to 2020. As for the past year 2022, the same institution recorded 135 deaths until November. The National Highway Traffic Safety Administration released the official data that pedestrian deaths in 2022 increased by 2% compared to 2021 across the country. This worrying data indicates that the situation with pedestrian accidents is becoming alarming!

The country is making efforts to improve the traffic situation

The National Highway Traffic Safety Administration reports every year on traffic accidents involving pedestrians. Data showing that the number of injured and killed people in traffic is increasing every year, despite all the prescribed safety measures, show that the problem is getting bigger. You can read the full traffic fatality report for 2022 released by the NHTSA here.

The National Safety Administration is fighting with all its resources to raise awareness among citizens about the importance of responsible driving. Every year, it publishes reports on traffic accidents in an effort to influence social awareness of this problem. In addition to the report, NHTSA publishes traffic safety articles as well as pedestrian traffic safety manuals, which you can read more about here.

The administration of Los Angeles is also doing everything in its power to stop the growth of this statistic.

According to Connie Llanos, an interim general manager of the Los Angeles Department of Transportation, which oversees pedestrian safety, they are doing everything they can to improve the traffic situation.

She states that more than 6,000 new pedestrian crossings, street signs, signals, and other treatments have been installed in Los Angeles in the past 5 years in order to create better traffic conditions and prevent traffic accidents.

Unfortunately, despite all the initiatives and efforts to influence the public discourse on this problem, Los Angeles is still facing the same problem that is getting bigger every year.

Get professional help by Los Angeles pedestrian accident attorney

If you or someone close to you has had an unpleasant experience on the sidewalk, crosswalk, or in general in traffic while being a pedestrian, we are here for you to bring justice into your hands. Certainly, a priority is to reduce the danger to pedestrians to a minimum. But, unfortunately, as the above statistics indicate, that goal has still not been achieved. Pedestrians are still endangered by the unsafe driving of individuals who recklessly participate in traffic.

One of the ways to fight this problem as a community is for pedestrians who have suffered injuries, that is, who have been harmed by drivers, to speak out about it, turning to professionals for help who will do everything to ensure that justice is served. A Los Angeles pedestrian accident lawyer team is on the side of pedestrians, doing everything in our power to resolve the case in the best interest of the client, that is, the pedestrian who suffered physical, mental, and emotional suffering, as well as to receive the best medical treatment. With joint forces, we are fighting to create a better society and implement appropriate sanctions for the accused, and grant the injured party the treatment they need and the maximum compensation for damages following the situation.

You don’t have to face this problem alone – seek professional law help from a pedestrian accident attorney. Bojat Law Group, a Los Angeles Accident Lawyer Firm provides you with full support and legal assistance in the process of resolving a pedestrian accident case.

Contact us by clicking on this link, we are at your disposal for all questions.

Filing bankruptcy in a personal injury case in california

November 19, 2022/0 Comments/in blog/by evil

WHEN SOMEONE IS RESPONSIBLE FOR CAUSING YOUR ACCIDENT, YOU EXPECT THEM TO COMPENSATE YOU FOR DAMAGES. IF THEY DON’T, IT IS ENTIRELY WITHIN YOUR RIGHTS TO DEMAND A SETTLEMENT BY FILING A LAWSUIT. BUT, YOUR RIGHT TO COMPENSATION IS AT RISK IF YOU OR THE DEFENDANT FILES FOR BANKRUPTCY DURING AND AFTER RECEIVING THE COURT’S VERDICT.

Here is what happens when you or the defendant file for Bankruptcy in a personal injury claim in California.

Bankruptcy basics

There are three types of Bankruptcy; chapter 7, 11, and 13.

Chapter 7- liquidation of assets.
Chapter 11- repayment of debts based on personal income
Chapter 13- repayment of obligations based on corporate or business income.

There are two case scenarios for filing for Bankruptcy in a personal injury case.

When the defendant files for Bankruptcy
When the plaintiff files for Bankruptcy.

If the defendant files for Bankruptcy

If the defendant in your personal injury case files for bankruptcy, it can pause your personal injury lawsuit and affect a judgment in your favor. Your ability to recover damages may depend on the type of personal injury case, the time they filed the lawsuit, and if they have any applicable insurance.

Non-dischargeable personal injury debts

There are two types of personal injury cases that do not get discharged because of the defendant’s bankruptcy.

Personal injury cases caused by intentional or malicious acts- you can object to the discharge of this type of debt in chapter 7, 11, and 13 bankruptcy proceedings. Failure to object may cause the bankruptcy court to discharge the debt.
Personal injury cases that involve death or injury resulting from the defendant driving while intoxicated- the bankruptcy court cannot discharge DWI debts in chapter 7, 11, and 13 bankruptcy proceedings

If the bankruptcy filing came before the lawsuit

You may be able to pursue your personal injury claim against the defendant if they filed for bankruptcy before your accident, and you may recover damages if the defendant has adequate insurance coverage to pay for the settlement.

Even if there is a court judgment in your favor, you will likely get nothing without insurance. Unless, as discussed above, your accident was caused by intentional tort or by an intoxicated driver.

If the defendant files for Bankruptcy during the lawsuit

When the defendant files for bankruptcy during your suit, the automatic stay will stop you from pursuing your personal injury lawsuit. An automatic stay is an injunction that prevents creditors from proceeding with litigation and trial.

If you seek to continue pursuing your personal injury claim, you must seek permission from the bankruptcy court by filing a motion to lift the automatic stay. You can only be granted permission if:

The defendant has adequate insurance coverage, and the damages you seek are within the defendant’s insurance policy limits.
You can show that the defendant filed for Bankruptcy due to fraudulent reasons.

If the bankruptcy court denies your motion to lift the automatic stay, you cannot continue with your personal injury lawsuit, and your claim is gone. But, if the court agrees to lift the automatic stay, you may proceed with your case.

If the defendant files for Bankruptcy after the personal injury lawsuit

after you’ve won your lawsuit, the defendant files for Bankruptcy, you are not likely to collect the judgment from the defendant. You can only expect to collect anything from the defendant if they have insurance coverage.

You may need to file a motion to the bankruptcy court to lift the automatic stay, but you must be able to prove that the defendant has adequate insurance coverage to pay the judgment.

If the defendant does not have insurance, you will not be able to receive a settlement from them. Also, suppose you are trying to collect compensation exceeding the defendant’s insurance coverage. In that case, it is improbable that you will collect your entire settlement, as any portion of your judgment not covered by insurance will get discharged during bankruptcy proceedings.

When the plaintiff files for Bankruptcy

If you, the plaintiff, file bankruptcy during a personal injury claim process, it could have severe repercussions on your claim. There are laws governing filing for bankruptcy when you have an ongoing personal injury lawsuit, and failure to comply will significantly impact your case outcome.

Firstly, for your personal injury attorney to continue with your lawsuit, they must be appointed special counsel. It does not change the goal of your personal injury attorney, but it means that the authority in your personal injury claim now belongs to the bankruptcy court. You, the plaintiff, no longer have the authority to consent to a settlement amount. The bankruptcy court has the power to approve a settlement amount, which may not be in your best interests. Rather than push for a more significant settlement, they would veer towards a fast settlement.

Secondly, you must disclose your personal injury claim to your bankruptcy attorney. If your personal injury lawsuit is successful, the bankruptcy court will use your compensation to settle creditors at their discretion. Under the law, in bankruptcy proceedings, your personal injury settlement will become part of your personal assets, according to chapter 7. Bankruptcy trustees will own all funds awarded from your personal injury settlement. Although, if your personal injury settlement is more than what is required to pay the creditors in your bankruptcy case, the remaining amount is yours.

What happens when the plaintiff fails to list the personal injury claim in their Bankruptcy?

If the plaintiff fails to list their personal injury claim in Bankruptcy, the bankruptcy court will confiscate all funds and sanction you and your attorney.

Conclusion,

If you were injured as a result of the negligent or malicious actions of another, seek the help of an experienced personal injury lawyer at Bojat Law Group. Do not file for bankruptcy without getting legal advice from your personal injury attorney and bankruptcy attorney.

What is the cost of uninsured motorist coverage

November 15, 2022/0 Comments/in blog/by khaus

UNINSURED MOTORIST COVERAGE IS OPTIONAL INSURANCE COVERAGE THAT PROTECTS YOU WHEN YOU GET INVOLVED IN AN ACCIDENT WITH A DRIVER WITHOUT AUTO INSURANCE.

There are many reasons why people carry no or low uninsured motorist coverage, the major reason is that Insurance agents or companies often offer poor advice to customers looking for cheap insurance policies without letting them know the importance of uninsured motorist coverage because they are solely shopping prices.

In California, driving without uninsured motorist coverage or low uninsured motorist coverage is a risk. California roads are busy roads. You’ll never know when you will get hit by an uninsured driver. According to the Insurance Research Council studies in 2021, about 16.6 percent of motorists in California are uninsured.

Find out the cost and importance of uninsured motorist coverage.

What does uninsured motorist coverage cost?

If you are considering getting uninsured motorist coverage in California, you may wonder how much it costs or what the adequate amount is. There is no guaranteed quotation as the cost of your uninsured motorist coverage may depend on some varying factors, such as;

The price of your vehicle
Your driving history
Other factors include your liability coverage limits.

California insurers usually offer uninsured policy limits equal to a driver’s liability coverage limits. For example, if you purchased 50/100 limits for at-fault accidents, you can also buy 50/100 limits for accidents caused by uninsured drivers.

So, what does uninsured motorist coverage really cost?

Although it may sound unbelievable, the cost of uninsured motorist coverage is relatively low.

15/30 coverage $30 per year (meaning a maximum of $15,000 to cover bodily injury or the death of a single person and $30,000 to cover damage or death of more than one claimant per accident.) this is the minimum liability coverage in California.
25/50 coverage $45 per year ($25,000 bodily injury coverage per person and $50,000 in total per accident)
50/100 coverage $60 per year ($50,000 bodily injury coverage per person and $100,000 per accident)
100/300 coverage $78 per year ($100,000 bodily injury coverage per person and $300, 000 coverage per accident)

A California umbrella policy offers more coverage.

Some insurance companies offer higher limits to clients, usually under an umbrella policy, up to $1,000,000. For maximum coverage, you can purchase an umbrella policy. They are inexpensive and can cover excess losses under any insurance policy carried at the maximum limits.

At Bojat Law Group, we recommend you purchase as high a limit as you can afford, as the general rule is to add enough property damage and significant bodily injuries to replace your vehicle and protect you fully in the event of an accident with an uninsured driver.

You should consult your insurance agent to discuss which uninsured policy limit works for you.

Why is uninsured motorist coverage necessary?

Many insurance agents and companies may argue the importance of uninsured motorist coverage. Some may even ask, “do you have health insurance, or do you really need compensation for non-economic damages, such as pain and suffering? They make you assume your health insurance will cover you fully in an accident.

They may even go further to tell you that an accident with an uninsured driver is unlikely, but the truth is that it is essential to have uninsured motorist coverage. Statistics show that about 20% of Californian accidents are uninsured. That is, one in eight drivers is uninsured.

All California Automobile insurance providers must offer uninsured and underinsured motorist coverage to prospective policyholders, and you can decline by signing a waiver, which may not be in your best interests. Because when you have uninsured motorist coverage, economic and non-economic damages are covered. Including medical bills, out-of-pocket costs, lost earnings, pain and suffering, and future losses.

Uninsured motorist coverage allows you to recover all compensatory damages from your insurance company after an accident that is not your fault. Without UMC, things could get messy.

Another reason is, most Californian drivers struggle to get back to the position they were in before a major accident. Many cannot afford to incur significant losses and may require reasonable compensation to get their lives back on track. Despite the public’s perception, it is rare and unlikely to win hefty payouts after an automobile accident.

Additionally, health insurance does not cover significant injuries. While private health programs such as Medicare and MediCal will pay medical costs after an accident regardless of fault, these health insurances do not cover services such as acupuncture and chiropractic care.

Also, they won’t pay for property damage or cover pain, suffering, or lost earnings. Another consideration is that many health insurance companies have pricey deductibles and copays.

Uninsured motorist coverage guarantees access to the necessary funds for your well-being when needed.

Important things to note about Uninsured Motorist coverage in California

Here are some important things to note about uninsured motorist coverage in California for those who still have doubts about its importance.

It covers you, even as a passenger in someone else’s vehicle and as a pedestrian
It Is essential coverage you can purchase to protect you and your family financially
Uninsured motorist coverage extends to a resident family member in a passenger car
Uninsured motorist coverage covers hit-and-run accidents
Uninsured motorist coverage covers you when you are in an accident with a vehicle.

In conclusion,

California car accident lawyers at Bojat Law Group recommends you get uninsured motorist coverage.

The most common uninsured motorist coverage is 30/60. That is $30,000 in bodily injury per person and $60,000 per accident.

Regardless of what any insurance agent tells you, you should never eliminate the coverage, as many of these insurance companies lower the insurance premiums to be more competitive in the market and enjoy higher profits due to low insurance limits.

How to prove injuries in a california car accident case?

November 5, 2022/0 Comments/in blog/by khaus

IF YOU WERE HURT IN A CAR ACCIDENT DUE TO THE NEGLIGENT ACTIONS OF ANOTHER, YOU ARE ENTITLED TO COMPENSATION. TO QUALIFY FOR COMPENSATION, YOU MUST PROVE THAT YOUR INJURIES RESULTED FROM THE CAR ACCIDENT AND THAT THE AT-FAULT PARTY IS LIABLE FOR YOUR DAMAGES.

Although it may seem simple, it is challenging to establish blame or prove that your injuries resulted from negligence. At Bojat Law Group, we recommend you seek legal representation to help you prove your injuries and help you obtain maximum compensation, as it can be tricky to establish blame by yourself.

Here is information on how you can prove injuries in a California car accident and show that the other party is liable.

What is considered a fault in a California car accident?

Liability or fault in a California car accident is when a person is found to be legally responsible for causing a road-traffic accident due to negligence through the evidence and information presented.

All road users have a duty of care to other road users. It is the legal duty of every motor vehicle driver to operate their vehicle with reasonable care and look after the safety of others. If a driver acts in an unsafe manner that causes harm or injury to other road users, they may be found negligent and liable for any injuries sustained.

How to prove liability in a California car accident case?

To prove liability in California accident cases, you have to establish that the other driver has breached their duty of care and you sustained injuries as a result.

There are two ways to prove fault. The first is to prove that the other driver was negligent under common law, and the second is to prove statutory negligence.

Common-Law Negligence

Under the rules of common-law negligence, you must show the following:

Duty of care: The other party had a duty of care to operate their vehicle reasonably safely.
Breach of duty: The other party acted unsafely, that is, failed to operate their vehicle with reasonable care, which resulted in a breach of duty. The fundamental question is whether the other party acted in the manner a reasonable person would have acted in a similar situation.
Causation: The breach of duty directly caused the accident.
Harm: You suffered damage as a result.

To prove common-law negligence, you must provide evidence.

Statutory Negligence

The other way to establish negligence in a California car accident case is to prove statutory negligence, also called “negligence per se.” Proving statutory negligence is somewhat easier than common-law negligence. You must prove that the other driver violated a statute or a California vehicle code.

Statutory negligence is an easier way to prove negligence because the police report from the accident usually states if the other driver violated a statute or vehicle code. If this Is the case, the other driver is already proven negligent with no additional evidence. It is now left for them to prove that they weren’t negligent. If not, they will be held liable by the law.

Comparative negligence: what if you were partly responsible for the accident?

As established earlier, proving liability in a car accident case is not easy and can often get tricky.

The other party may try to blame you for causing or contributing to the accident. If they can successfully prove that you have a percentage of fault in causing the accident, your compensation will be reduced accordingly.

Under Comparative negligence principles, the compensation amount a plaintiff may receive will be reduced according to the degree of negligence contributed to the accident. You would need the help of an experienced and expertly-skilled attorney to prove you didn’t cause or contribute to the accident.

For instance, if the court were to award you $10,000 and find you 20 percent responsible for the accident, the court would reduce your compensation to $80,000.

What evidence do you need to prove liability in a California car accident case?

The most helpful piece of evidence to have a police report. After a car accident, you must call the police and request they come immediately to the accident scene. If you did not do that, you must report the accident to the police within 24 hours.

The police report will describe the accident scene and other important details, including vehicle damage. Also, photographs and videos can help prove your claim. Furthermore, it would help if you had medical reports and bills to show the extent of your injuries.

Your attorney will help you collect every vital piece of information or evidence you need to prove your claim, including witness statements.

The process of making a claim

When you decide to make a car accident claim, your attorney will seek to negotiate a settlement on your behalf. However, when both parties fail to reach a reasonable agreement, the case proceeds to court. It means that a judge will access the information and evidence presented to them and decide who is at fault and how much compensation they may receive.

But before your case gets to court, there may be rounds of negotiation by your attorney and the other party’s attorney. It may take a while for your case to get a court date, and negotiations may continue until the day of the court proceedings.

If the court decides it is a comparative negligence case, you may receive a lesser percentage of the compensation amount.

The best chance of succeeding in your compensation claim is if you provide quality evidence to prove your claim is legitimate. Try to gather as much evidence as possible after a car accident, and seek medical attention immediately. That way, you may obtain maximum compensation for your damages.

Seek the help of an expert

If you or a loved one has been injured in a car accident in California, our skilled car accident attorneys at Bojat Law Group, can give you all the help you need in proving your claim and ensuring maximum compensation. We have years of experience fighting for car accident victims’ rights. Contact us now.

Being in a car accident without a driver’s license

September 20, 2022/0 Comments/in blog/by khaus

CAR ACCIDENTS ARE AN UNFORTUNATE REALITY. IF YOU ARE INVOLVED IN AN ACCIDENT WITHOUT A DRIVER’S LICENSE, HERE’S HOW TO DEAL WITH THE AFTERMATH.

Car accidents are scary, and not knowing what to do when one occurs can make the situation even worse. You could find yourself in a case where you need to speak to the other driver or attend to the people in the car with you. It’s even more terrifying if you don’t have a driver’s license.

A driver’s license is required to drive a vehicle in the United States. Despite this, over 10 million people drive without a license and may be hesitant to report a car accident to a lawyer or the police. While it is not a legal requirement, many places also require you to have insurance to drive a vehicle. Unfortunately, not everyone has a driver’s license, so these individuals are left without a way to get around.

What to do if you get into a car accident without a license? How to claim compensation if it’s a DUI offense? How do you avoid a DUI in the first place? These questions are widespread but not easy to answer. We’ll answer all those questions and show you the most common scenarios that can happen to you.

Common Reasons for Driving Without A License

If you’re involved in an accident, the first thing law enforcement will check is each driver’s license, registration, and insurance policy. Several reasons you may choose to operate a vehicle without the required documentation may affect your court case.

Some of the most common reasons include:

Failure to renew a driver’s license owing to age-related ailments
Revocation of driving privileges due to criminal offenses or medical conditions
Having a DUI/DWI conviction
Failing to carry the necessary car insurance
Unfinished license process due to new citizenship
Excessive number of traffic violations
Underage driving

California Laws For Driving Without A License

Under California Vehicle Code 12500(a), driving without a valid license is illegal.

It must not be a California license. The law requires a valid license from the state you reside in and for the type of vehicle you drive.

If caught driving without a license, you may face misdemeanor charges, and the penalty for these charges is up to six months in jail and a $1000 court fine.

What You Need to Know If This Happens to You

Law enforcement will likely issue you a ticket if you are in a car accident and operating a vehicle without a license.

These situations are every day in the US, and many assume that the unlicensed driver is automatically at fault. But this isn’t always the case. For instance, the unlicensed driver can get away with just a ticket from law enforcement if:

The at-fault driver is licensed but was careless or driving under the influence of illicit substance(s)
If the unlicensed driver is driving a rented or borrowed vehicle

Driving without a license won’t influence how an automobile accident case is handled in court. Whether or not a motorist has a driving license has no bearing on who is at fault in a car accident, especially in California.

In California, a fault is established by considering the degree of negligence displayed by each motorist. Thus, driving without a driver’s license has no bearing on the fault of the car accident. Therefore, California is considered a “fault” state.

Will There Be Additional Sanctions?

You must comply with state law and carry liability insurance when operating a vehicle. Aside from driving without a driver’s license, drivers risk further legal repercussions and may be held responsible for injuries and property damage if they fail to keep their liability insurance policy up to date.

Legal Repercussions

The particulars of your case will determine the severity of legal punishment. If you never obtained a license, you can be charged with a lower crime than if you did at one point. On the other hand, if your license was suspended for driving while intoxicated you may be charged with a misdemeanor or a felony, depending on the particular circumstances of your case and prior record.

Financial Repercussions

After your accident, you might experience financial and legal reciprocation. Serious vehicle accidents might leave you permanently injured. Your injury can make it impossible for you to work, and you might need expensive medical procedures or continuing care. Further, you may be placed at fault for the accident, which would place you financially responsible for other party’s injuries as well as other damages associated with the accident.

Will My Settlement Be Lower If I Don’t Have a License?

If you were driving without a license, it’s easy for your insurance company or the at-fault driver attempt to place the blame on you, especially if you are not familiar with the applicable laws and rules.

To help you with your case, you will need to hire a skilled auto accident attorney. Contact us at Bojat Law Group right away to learn more about what will happen if you get into an automobile accident without a license. We will discuss various issues about your case and your financial and emotional recovery prospects.

Being involved in an accident with an uninsured driver

September 15, 2022/0 Comments/in blog/by khaus

USUALLY, IN ACCIDENTS, THE AT-FAULT DRIVER’S INSURANCE PAYS FOR DAMAGES AND LOSSES SUFFERED IN THE ACCIDENT. BUT WHAT HAPPENS WHEN THE DRIVER IS UNINSURED? HOW DO YOU SEEK COMPENSATION?

Dealing with the aftermath of a car accident is overwhelming enough, but finding out the at-fault driver has no insurance can be devastating. Although most states require a minimum car liability insurance, people drive without insurance.

According to statistics, over 28 million drivers in the US have no auto insurance.

We’ve explained how to handle being in an accident with an uninsured driver.

Handling a car accident with an uninsured driver

If you get into a car accident with an uninsured driver, handle it like any other car accident by following these steps:

1. Contact law enforcement.

Contact law enforcement if you get involved in an accident with an uninsured driver. You need to file a police report containing the important details you will use as evidence. Be sure to give the police office facts, and tell them the exact details of the accident.

2. Gather evidence

Try to gather as much evidence as possible. Take photographs of the accident and the damages suffered, the bodily injury sustained, the make and model of the vehicle involved, the license plate number of the at-fault driver, the time and location of the accident, and others. These will be useful when filing a claim.

3. Exchange information with at-fault driver and witnesses

The at-fault driver may not have insurance, but you may still exchange other important information, like their contact vehicle details and contact information. Ask for witnesses’ contact information as well; you may need their statements when you proceed with a lawsuit.

4. Don’t accept any payment.

The uninsured driver may face huge fines and fees for driving without insurance. To try to avoid legal repercussions, he may offer you money. Don’t accept it no matter how good of a deal you may think it is because, at the very moment, you have no idea what your damages may cost.

5. Report the accident to your insurer.

Ensure you also report the accident to your insurance company. Since the other driver is uninsured, you should find out what your insurance company can provide you.

6. Seek medical assistance

Whether in an accident with an insured or uninsured driver, you should always seek medical assistance. Remember, even your insurance company may try to lowball you if you don’t have proof of your injuries.

7. Keep records

Keep records of all your accident-related documents. You can keep them in a file if you feel it’s necessary. Don’t lose them.

Options when involved in an accident with an uninsured driver

If you were involved in an accident with an uninsured driver, do not assume you will receive financial recovery through compensation. However, there are two options can take:

File an Uninsured Motorist Claim with Your Insurance Company

We encourage drivers to maintain underinsured and uninsured motorist coverage in the event of situations like this.

If you carry uninsured motorist coverage, your insurance company would compensate you for Economic and non-economic damages, including (but not limited to:

Cost of medical treatments
Loss of income
Loss of earning capacity
Decreased quality of life
Loss of enjoyment
Pain and suffering
Out-of-pocket expenses

The value of the compensation you may receive depends on the severity of your injuries and the damage suffered. However, to receive compensation, you must prove that the at-fault driver is uninsured and present proof of damages. At this point, you need an attorney because your insurer may offer you a lower amount than you deserve. To ensure you obtain maximum compensation, employ the services of an auto accident attorney.

If your insurance policy does not contain underinsured or uninsured motorist coverage, this situation may be difficult for you to navigate. But not impossible. Speak to your insurance to determine your coverage. Your insurance may cover only medical treatments, so you have no option but to prepare for legal action.

File a lawsuit against the uninsured driver

You can opt to file a lawsuit against the uninsured driver to receive compensation for damages. All lawsuits have risks, the risk of losing.

A driver without insurance may not have assets or income to pay if the court rules in your favor. They may declare bankruptcy. When this happens, it’ll be nearly impossible for you to recover your losses.

Contact an auto accident attorney to evaluate your case and analyze the strength of your claim. Your attorney will advise you on whether to proceed with a lawsuit or not.

Why hire an attorney?

Auto accidents with uninsured drivers can be tricky and challenging. You cannot handle them alone. It would be best if you had the assistance of an experienced auto accident attorney to help navigate your case and ensure you receive the compensation you deserve.

You need an attorney to assist you in the following way:

Analyzing your case – you need an attorney to analyze your claim and determine if you can recover compensation if your insurance doesn’t cover your losses from the accident.
Filing the lawsuit – you need the help of an attorney in filing the lawsuit against the at-fault driver.
Collecting relevant evidence to prove your claim – your attorney will help collect evidence, including police reports, medical reports, and others.
Representations – your attorney will represent you when your insurance company attempts to lowball you and represent you in court if you decide to sue the at-fault driver.

Contact Bojat Law Group

When the at-fault driver does not have insurance to cover your damages, you need to seek legal help. At Petro Law Group we offer aggressive legal representation and will assist you in gathering the necessary evidence to prove your claim.

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OBTAINING COMPENSATION AFTER A CAR ACCIDENT DEPENDS ON WHOSE NEGLIGENT ACTIONS CAUSED THE ACCIDENT. IF YOU SUFFER SEVERE INJURIES IN AN ACCIDENT THAT WAS PARTIALLY YOUR FAULT, AND YOU WONDER IF YOU QUALIFY FOR COMPENSATION, THE ANSWER IS YES.

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