Do I Have A Claim If I Am An Uninsured Motorist But I Am Hit By a Drunk Driver
By Marc Lazarus
From time to time people ask me, if I have no insurance, but I am injured by a drunk driver in the State of California, do I still have a claim. And, the answer to that question is, yes, even though a person is uninsured at the time of collision, that person still does have a claim. Now, the value of that claim the must be determined by: a) whether the other driver was convicted of drunk driving or not; b) the damage to the vehicle, medical expenses incurred, lost income, and pain and suffering; c) whether the drunk driver had insurance and/or assets or not, and; d) whether there is a right to punitive damages.
Normally, an uninsured motor vehicle operator in the State of California will have a limited right to seek damages against a negligent vehicle operator. In 1996, California voters enacted Civil Code Section 3333.4 (ballot measure Proposition 213) which requires that all operators of vehicles within the State of California have liability insurance coverage with minimum limits of $15,000.00 per person/$30,000.00 per incident and $5,000.00 for property damage at the time of a collision; otherwise, the uninsured driver would only be entitled to seek out-of-pocket expenses such as property damage, medical bills, and lost income, but not compensation for pain and suffering, regardless of who is at fault for the collision. So, uninsured drivers in the State of California have limitations on their injury claims.
But, there is an important exception to this law. If the operator of a vehicle who causes a collision is intoxicated and subsequently convicted of driving under the influence, then the law does not limit the injured, uninsured person's rights, and the injured, uninsured person can seek full value for their claim, including property damage, medical expenses, and lost income, as well as compensation for pain and suffering.
What needs to be investigated next is whether the drunk driver was insured, and if so, how much coverage did that person have. Also, if the drunk driver was uninsured, then it is important to look at victims of crimes benefits as well as assets that the drunk driver may possess.
Finally, claims against drunk drivers can also give rise to punitive damages claims to punish such egregious behavior and deter it from happening again in the future.
When seeking damages against drunk drivers, it is important to keep in mind that judgments for damages against drunk drivers are not dischargeable in Federal bankruptcy court, and, also, under California law, a vehicle operator can have their driver license suspended for an unpaid judgment for damages caused by them in a motor vehicle collision until the judgment is satisfied.
Our firm’s sole focus is helping personal injury victims recover full value for their injuries. We have extensive knowledge and experience in the area of personal injury claims as they relate to both drunk drivers as well as uninsured motorists, and we are here to help people who have been victims of drunk drivers. So, as you can see, there are many ways we can assist victims of drunk drivers recover what is fair. Let us see how we can help you to get the best value for your case against the drunk driver. Call us toll free at (800)268-9228 for a free consultation.
Marc Lazarus
Managing Attorney
Russell & Lazarus
1401 Dove Street, Suite 310
Newport Beach, CA 92660
Tel: (949)309-0990
Marc Lazarus is the managing attorney at Russell & Lazarus. Russell & Lazarus has been helping victims of automobile collision receive fair compensation from insurance carriers for more than 20 years. Russell & Lazarus has collected over $125,000,000 for victims of accidents.
