Car accidents are scary and potentially life-threatening. They are also incredibly expensive. Even a minor accident can result in hospital bills, property damage, and financial losses from being unable to go to work. In California, these losses are supposed to be covered by filing a claim with the insurance provider of the at-fault driver. If that driver is not fully insured, you need a Los Angeles uninsured and underinsured motorist accident lawyer to help you determine your options.
When another driver has no car insurance or insufficient coverage for the severity of your accident, you could be stuck paying out-of-pocket if you don’t take the right steps. By working with an experienced car accident attorney, you can feel confident that you are taking the right measures to cover as many of your damages as possible. Whether you can file with your own insurance or you have to file a civil personal injury claim, a skilled attorney can guide you through these processes.
At Heimanson & Wolf, LLP, we can help you obtain compensation to cover your damages. Whether you need to negotiate with your own insurance policy or present a compelling claim to the court, our firm has the skills needed to represent your interests. We can provide strong support when negotiating with an insurance provider, as we believe strongly in securing justice for those harmed in car accidents because of another’s negligence.
Our attorneys have more than 40 years of combined experience, and we always focus on teamwork and cohesive legal support within our firm. Our goal is to secure you the most compensation possible so that you can move on with your life.
California drivers are required to have a minimum amount of insurance to legally operate their vehicles on the road. This ensures that if a driver causes an accident in Los Angeles, the victim can recover some of the costs of their damages. The minimum requirements are:
California is an at-fault state for car accidents, meaning that injured parties in a car accident file with the insurance provider of the at-fault driver.
An uninsured driver is one who has no insurance, thus breaking California law by driving without minimum coverage. If you are injured because an uninsured driver caused the accident, you have the right to file a claim directly against the driver.
Although a personal injury claim should, in theory, obtain you all the compensation you need to cover your damages, it’s rare that an uninsured driver has the resources and assets to do so. A judgment would be unenforceable. It’s likely that your only option will be to file with your own insurance company’s uninsured motorist policy. An attorney can help you determine the right option for you.
Many drivers on the road have the legal minimum of required car insurance coverage. Higher insurance coverage is more expensive, and not every person can afford it. Unfortunately, many car accidents, especially serious ones, have more significant damages than are covered by the minimum required insurance. When you are in an accident, and you file with the at-fault driver’s policy, you may still have uncovered damages. Therefore, you will need to pursue other options.
These may include:
Your attorney can help you figure out the options you have and which ones can most effectively cover the costs of the accident.
If you are in an accident with a driver who breaks the law by fleeing the scene, it usually isn’t possible to file with their insurance. You may have to file with your uninsured motorist policy instead.
A: You can sue an uninsured motorist in California by gathering evidence that they were at fault for the car accident. Then, you file the claim with the court and serve the other driver the papers stating that you are suing them.
Filing a claim is ideally a last resort, as the process is lengthy, costly, and stressful. If possible, you should attempt to settle with the other driver out of court with the help of an attorney. A claim may be needed if the other driver is uncooperative, but you have sufficient evidence of their fault in causing the accident.
A: When a car accident claim exceeds the insurance policy limits of the at-fault driver in California, you may be able to file with your own insurance provider’s uninsured or underinsured motorist coverage.
You could also negotiate a settlement with the at-fault driver’s insurance provider outside of court. These providers may accept a reasonable settlement, particularly if fault is clear in the accident. However, if the provider does not accept a reasonable settlement, you may need to take the claim to court.
A: If you don’t have enough insurance to cover an accident in California, and you are found at fault for the accident, the other driver could sue you. If the other driver has an underinsured or uninsured motorist policy, they can file for the remaining damages after filing with your insurance provider. If they do not have this policy, and they cannot negotiate more from your insurance provider, they could file a claim against you in court to recover those damages.
A: If you get hit by an uninsured driver in California, you could file with your own insurance policy. You could also file a personal injury claim against the at-fault driver. It is not required in California that drivers have an underinsured or uninsured motorist policy, but it can be beneficial. You may be able to recover some or all of your damages from that claim. If you don’t have this policy, you may be able to file a personal injury claim against the other driver to recover your losses.
Contact our attorneys today to learn how we can help you get the compensation you need from your insurance policy or a civil claim.