Q: Hit by a DUI Driver but my Insurance is minimal
My daughter was driving my car dui driver hit her. My insurance is minimal, even excludes all drivers. Other driver has no insurance. My daughter had to miss work, she just got out of college, so financially struggling. My car no longer works either. Anything else we can do? Thank you
A:
In California, if you're hit by a DUI driver and your insurance coverage is minimal and does not cover the incident, especially when the other driver has no insurance, there are still options available to you. It's essential to know that California law allows individuals in your situation to pursue compensation through various means, even when facing uninsured or underinsured motorists.
First, you should check if you have uninsured motorist (UM) coverage as part of your minimal policy. UM coverage can provide compensation for injuries and sometimes property damage caused by an uninsured driver. If this is not an option due to the exclusions in your policy, you may consider filing a personal injury lawsuit against the at-fault driver. Even though the other driver was uninsured, pursuing a legal claim might result in a judgment that could be collected through various means, such as garnishing wages.
Additionally, it might be worthwhile to explore state or local resources that could assist with expenses related to the accident. For instance, the California Victim Compensation Board (CalVCB) can offer financial assistance to victims of crime, including DUI accidents, for expenses like medical bills and income loss. While navigating these options, gathering all necessary documentation, such as police reports, medical records, and evidence of missed work, will be crucial to support your case or claims.
Tim Akpinar and Dale S. Gribow agree with this answer
A:
This is exactly why I preach in my legal columns, to be sure you have insurance, and especially Uninsured Motorist coverage.
There is also the California Victim Compensation Board, but the chances of getting adequate compensation are questionable.
I also recommend talking to the DA and requesting that the court order the DUI driver to pay you as part of their sentence. However, people without insurance usually don't have the money to pay a judgment.
If you were at fault, would YOU be able to pay?
Tim Akpinar agrees with this answer
A: You may have a basis for a UM (uninsured motorist) claim, as my colleagues correctly point out. Check the details of your policy. I hope your daughter is okay. Good luck
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