Q.
I was injured in a car accident caused by the other driver's negligence. However, I currently do not have car insurance.
Can I receive compensation?
A.
There are two types of compensation.
The first is compensation for 'economic' damages.
'Economic' damages are actual monetary amounts related to a car accident.
For example, car repair costs, hospital treatment costs, and lost income.
The second is 'general' or 'non-economic' damages, which
are not the actual costs of the injury but are intangible losses such as compensation for the suffering caused by mental anguish and physical pain.
Under California's Proposition 213, uninsured drivers who are injured in a car accident
are only entitled to the first type of damages, or "economic damages," such as medical bills, car repairs, and lost income.
That means the second category, pain and suffering and emotional damages, won't be included.
And on top of that low compensation, you could lose your driver's license for up to a year, have your car impounded, and be fined
by the DMV, regardless of who was at fault for the accident.
However, there are exceptions where an uninsured person can receive maximum compensation for his or her damages.
If the driver of the at-fault vehicle was under the influence of alcohol or drugs at the time of the accident, the uninsured driver
can also claim for “non-economic damages,” such as pain and suffering, mental damage, and loss of enjoyment of life.
Additionally, if a passenger in an uninsured vehicle is injured, you
may be entitled to compensation for both economic and non-economic damages, as long as you are not the owner of the vehicle.
If a car accident occurs and the driver is at fault and does not have car insurance, the uninsured driver who caused the accident
is personally liable for the other driver's injuries or damages.
In addition, uninsured drivers can be sued by other parties, their property can be seized,
their license can be lost for up to a year, their car can be impounded, and they can be fined by the Department of Motor Vehicles (DMV).
If neither party has auto insurance in the event of a car accident, the injured driver
can only sue the at-fault driver for "economic damages," such as car repairs, medical bills, and unpaid wages.
In this situation, both drivers can lose their licenses for up to one year, their cars can be impounded, and they
can be fined by the Department of Motor Vehicles (DMV).
For these reasons, it is very important to make sure you have car insurance all year round.
Even if you choose the automatic premium payment system,
there are often cases where you become uninsured without knowing it due to other reasons, such as the expiration of the automatic premium payment period or insufficient additional premium payment due to an increase in premium.
California does not provide a grace period for auto insurance payments, and neither do most insurance companies
(though there are a few that do, so check your policy or ask your insurance agent) .
For example, if your insurance policy is effective from 1/1/2009 to 6/1/2009 and the premium is not paid by June 1, 2009, your
insurance policy will be canceled for non-payment of premium, and you will become an uninsured driver starting from 6/2/2009.
If you are currently unable to pay your insurance premiums, you may want to look into the California Low Cost Automobile Insurance Program (CLCA).
This is a program for low-income individuals and families in California to help them get affordable car insurance.
In conclusion, if you drive without insurance and get into a car accident, your compensation insurance amount will be limited to 'economic damages' (medical bills, unpaid wages, property damage), your license may be suspended, and you may be subject to fines.
Ultimately, we must remember that reckless driving in California can result in great liability and loss, regardless of whether or not an accident occurs, and that it is illegal in itself.
Q.
I was injured in a car accident caused by the other driver's negligence. However, I currently do not have car insurance.
Can I receive compensation?
A.
There are two types of compensation.
The first is compensation for 'economic' damages.
'Economic' damages are actual monetary amounts related to a car accident.
For example, car repair costs, hospital treatment costs, and lost income.
The second is 'general' or 'non-economic' damages, which
are not the actual costs of the injury but are intangible losses such as compensation for the suffering caused by mental anguish and physical pain.
Under California's Proposition 213, uninsured drivers who are injured in a car accident
are only entitled to the first type of damages, or "economic damages," such as medical bills, car repairs, and lost income.
That means the second category, pain and suffering and emotional damages, won't be included.
And on top of that low compensation, you could lose your driver's license for up to a year, have your car impounded, and be fined
by the DMV, regardless of who was at fault for the accident.
However, there are exceptions where an uninsured person can receive maximum compensation for his or her damages.
If the driver of the at-fault vehicle was under the influence of alcohol or drugs at the time of the accident, the uninsured driver
can also claim for “non-economic damages,” such as pain and suffering, mental damage, and loss of enjoyment of life.
Additionally, if a passenger in an uninsured vehicle is injured, you
may be entitled to compensation for both economic and non-economic damages, as long as you are not the owner of the vehicle.
If a car accident occurs and the driver is at fault and does not have car insurance, the uninsured driver who caused the accident
is personally liable for the other driver's injuries or damages.
In addition, uninsured drivers can be sued by other parties, their property can be seized,
their license can be lost for up to a year, their car can be impounded, and they can be fined by the Department of Motor Vehicles (DMV).
If neither party has auto insurance in the event of a car accident, the injured driver
can only sue the at-fault driver for "economic damages," such as car repairs, medical bills, and unpaid wages.
In this situation, both drivers can lose their licenses for up to one year, their cars can be impounded, and they
can be fined by the Department of Motor Vehicles (DMV).
For these reasons, it is very important to make sure you have car insurance all year round.
Even if you choose the automatic premium payment system,
there are often cases where you become uninsured without knowing it due to other reasons, such as the expiration of the automatic premium payment period or insufficient additional premium payment due to an increase in premium.
California does not provide a grace period for auto insurance payments, and neither do most insurance companies
(though there are a few that do, so check your policy or ask your insurance agent) .
For example, if your insurance policy is effective from 1/1/2009 to 6/1/2009 and the premium is not paid by June 1, 2009, your
insurance policy will be canceled for non-payment of premium, and you will become an uninsured driver starting from 6/2/2009.
If you are currently unable to pay your insurance premiums, you may want to look into the California Low Cost Automobile Insurance Program (CLCA).
This is a program for low-income individuals and families in California to help them get affordable car insurance.
In conclusion, if you drive without insurance and get into a car accident, your compensation insurance amount will be limited to 'economic damages' (medical bills, unpaid wages, property damage), your license may be suspended, and you may be subject to fines.
Ultimately, we must remember that reckless driving in California can result in great liability and loss, regardless of whether or not an accident occurs, and that it is illegal in itself.