Will You Be Able to Collect Money for Pain and Suffering Damages Caused by a Negligent Driver if You are Uninsured? In California, the Answer is "No."
Under California law, drivers of motor vehicles (regardless whether they are driving a car, truck, or motorcycle) are required to comply with California's Financial Responsibility Laws. These laws require all drivers in California to be financially responsible for the damages and injury to others they cause by their negligence in the operation or ownership of a motor vehicle involved in a traffic accident.
To meet this standard, drivers must be able to provide a minimum of coverage of $15,000 for the death or injury of any one person in any one accident; $30,000 for the death or injury of all persons in any one accident; and $5,000 for property damage caused in any one accident. That coverage can be accomplished in one of four different ways:
- Purchasing insurance coverage via an automobile liability insurance policy;
- A cash deposit with the Department of Motor Vehicles (DMV) for $35,000;
- A certificate of self-insurance issued by the DMV to car fleet owners of 25 or more vehicles; or
- A bond for $35,000 from an insurance company licensed to do business in California.
One of the consequences of driving a car in California without insurance is that if you are involved in an accident and are uninsured, then your license may be suspended. However, that may not be the most costly consequence. If you are involved in an accident caused by the negligence of another driver and you are uninsured, then you cannot collect damages for general damages (commonly known as "pain and suffering"). That mistake may cost the injured driver $10,000 or more and leave them inadequately compensated for their injuries.
For those of us who do drive with insurance in California, knowing that there are hundreds of thousands of uninsured drivers in the state and that the state minimum requirements for financial responsibility are very low, we should make sure that we are protected before we get on the road. One way is to purchase the maximum amount of uninsured or underinsured motorist coverage we can purchase in the event we are hit by someone carrying no or very little insurance. Be sure to consult with your auto insurance agent and ask how you can increase your coverage and protection.
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