Although California requires drivers to carry liability insurance, not all motorists follow this important law. If an uninsured motorist causes a car accident, the victims may wonder how they could pay for their medical care, property repairs, and other damages.
If you were involved in a collision with an uninsured or underinsured driver, the attorneys at Choulos, Choulos & Wyle can help you find a pathway to compensation. You can turn to us for a complete evaluation of your potential legal claim, including identification of all types of insurance coverage that apply after a motor vehicle accident involving an uninsured or underinsured motorist.
Like most places in the United States, California follows a fault-based car accident system. If a driver is responsible for an accident, he or she must pay for it. To uphold this important duty, all drivers must carry liability insurance with the following amounts of coverage:
These are the minimum requirements for car insurance, and drivers can purchase higher amounts of coverage if they choose. If a victim’s damages exceed these limits, the driver would be personally responsible for the remaining amount. In addition to filing an insurance claim, a car accident victim may also pursue a personal injury lawsuit.
If a driver fails to meet California’s insurance requirements, he or she could face fines between $100 to $200 plus penalty assessment fees. These fines will increase for second and subsequent offenses.
A car accident can lead to many types of injuries, which can range from mild to very severe. Some of the most common car accident injuries include the following:
Depending on their severity, car accident injuries often require expensive medical care. You may need miss days or even weeks of work following the collision. You may also experience pain and suffering, permanent disability, and extensive property damage in addition to these financial burdens.
Many people seriously hurt by uninsured and underinsured drivers have some recourse via their own insurance policies. Important considerations in your car, motorcycle, bicycle or pedestrian accident case may include:
If you were involved in a collision with an uninsured or underinsured driver, your first course of action will likely involve a UM/UI claim or a claim under your own insurance. You may also explore your options for litigation against the driver or a third party. At Choulos, Choulos & Wyle, your attorney can assess your options and help you identify your optimal path to recovery.
If you are involved in a collision with a completely uninsured motorist on San Francisco roads, you can turn to your own auto insurance policy to recover compensation, provided you carry Uninsured Motorist (UM) coverage. This policy steps into the shoes of the at-fault driver’s missing insurance to pay for your crash-related losses. If you do not have UM coverage, you retain the legal right to file a lawsuit directly against the negligent driver, though recovering funds out of pocket can be challenging if they lack personal assets.
Underinsured Motorist (UIM) coverage applies when the driver who caused your accident has liability insurance, but their policy limits are too low to fully cover your medical bills and damages. For example, if your injuries are severe and the at-fault driver only carries California’s minimum liability limits, your UIM policy can be triggered to bridge the financial gap, providing the remaining compensation you need up to your own policy’s maximum limit.
Yes, it is highly recommended to seek legal counsel because filing a UM or UIM claim instantly places you in an adversarial relationship with your own insurance carrier. Even though you are their paying customer, your insurance company’s primary goal is to minimize its financial payout. An experienced San Francisco car accident attorney will protect your interests by thoroughly gathering medical evidence, calculating your long-term care needs, and negotiating aggressively to ensure your insurer pays the full amount you are entitled to under your policy.
Auto insurance laws and the language in policies are both complex, and negotiations or litigation can be especially challenging in an uninsured/underinsured motorist case. We are personable, straight-talking attorney who will go the distance to help you get the money you need to deal with the aftermath of a serious accident.
Please contact us today at Choulos Choulos & Wyle in San Francisco. We are here to provide the accident investigation, coverage analysis and advocacy your case demands, beginning with a free initial consultation.
