What Happens If I Get into a Car Accident Without Insurance in Sherman Oaks, CA, and It's Not My Fault?

Being in a car accident is stressful enough, but the situation can feel even more overwhelming if you don’t have insurance—despite the fact that the accident wasn’t your fault. While California law mandates liability insurance for all drivers, accidents involving uninsured individuals are not uncommon. If you were in an accident in Sherman Oaks, CA, and you’re uninsured, this guide will walk you through what to expect, your rights, and the steps you should take to protect yourself.

California’s Insurance Laws

California operates under a fault-based system for car accidents, which means the driver who is found at fault is responsible for paying for the damages. The state requires drivers to carry a minimum level of liability insurance to cover the costs of injuries or damages caused to others in an accident. These minimum coverage amounts are:

  • $15,000 for injury or death to one person
  • $30,000 for injury or death to more than one person
  • $5,000 for property damage

If you don’t have insurance and you’re involved in an accident, even if it’s not your fault, you may face challenges in recovering the compensation you deserve. This is largely due to Proposition 213, a California law that restricts uninsured drivers from recovering certain types of damages.

Proposition 213 and Its Impact on Uninsured Drivers

Proposition 213 is a California law that was passed in 1996 to limit the recovery of non-economic damages for uninsured drivers involved in car accidents, even if they were not at fault. Non-economic damages include:

  • Pain and Suffering
  • Emotional Distress
  • Loss of Enjoyment of Life

Essentially, Proposition 213 bars uninsured drivers from receiving compensation for these intangible damages. However, uninsured drivers can still recover economic damages, which cover direct financial losses, such as:

  • Medical Bills: Expenses related to treatment for injuries sustained in the accident.
  • Lost Wages: Compensation for missed work due to injuries.
  • Property Damage: Costs associated with repairing or replacing your vehicle.

This means that even if the other driver is clearly at fault, your compensation will be limited to out-of-pocket expenses unless certain exceptions apply.

Exceptions to Proposition 213

There are specific exceptions to Proposition 213 that allow uninsured drivers to recover non-economic damages under certain circumstances:

  • The At-Fault Driver Was Under the Influence: If the other driver was driving under the influence of alcohol or drugs at the time of the accident, Proposition 213 does not apply, and you may be able to recover full compensation, including non-economic damages.

  • The Accident Occurred in a Parked Vehicle: If you were injured while sitting in a legally parked vehicle, you may still be eligible for compensation for both economic and non-economic damages.

If any of these exceptions apply to your case, it’s essential to consult a lawyer to explore your options and maximize your compensation.

Steps to Take After the Accident

If you’re uninsured and involved in a car accident, taking the following steps can help protect your rights and ensure that your case is handled properly:
  • Report the Accident to the Authorities Always call the police and file a report, even for minor accidents. The police report will serve as an official document detailing the circumstances of the crash, which can be important when filing a claim.
  • Document the Scene Take photos of the accident scene, vehicle damage, and any visible injuries. If possible, gather contact information from witnesses who can provide statements about what happened.
  • Get Medical Attention Even if your injuries seem minor, seek medical attention. Some injuries, such as whiplash or concussions, may not show symptoms immediately. Medical documentation is crucial when proving the extent of your injuries.
  • Exchange Information Be sure to get the at-fault driver’s insurance information and contact details. If you’re uninsured, this information will be critical when you file a claim with the other party’s insurance company.
  • Consult an Attorney Since Proposition 213 limits your ability to recover non-economic damages, it’s important to consult with an experienced car accident lawyer. They can help you navigate the legal complexities and ensure that you receive the maximum compensation available under the law.

Filing a Claim Against the At-Fault Driver

Even if you’re uninsured, you can still file a claim against the at-fault driver’s insurance policy. Most insurance policies in California include liability coverage that compensates other parties for their injuries and damages. To pursue compensation:
  • File a Claim: You can file a third-party claim with the at-fault driver’s insurance company. You will be eligible to recover economic damages such as medical bills and property damage, but you will likely be excluded from receiving non-economic damages.
  • Prepare for Pushback: Insurance companies may try to minimize their payout by questioning the extent of your injuries or by offering a lower settlement than what you deserve. This is why having legal representation is critical when dealing with insurers.

Potential Consequences for Driving Without Insurance

While you may still be able to recover some compensation, driving without insurance can lead to penalties in California. These include:

  • Fines: You may face fines ranging from $100 to $200 for a first offense and higher for subsequent offenses.
  • License Suspension: Your driver’s license may be suspended, and your vehicle could be impounded.
  • SR-22 Insurance: You may be required to obtain SR-22 insurance, a high-risk policy that proves you have the required liability coverage.

Being uninsured can complicate your case, but it doesn’t necessarily mean you’re without options for recovering compensation if you weren’t at fault.

How Weiss Attorneys Can Help

At Weiss Attorneys, we understand that being involved in a car accident without insurance can be overwhelming, especially when the accident wasn’t your fault. Our experienced attorneys are here to help you navigate the complexities of California’s Proposition 213 and fight for the compensation you’re entitled to under the law. Contact us today for a free consultation and let us help you recover the economic damages you deserve.