After being in a
car accident, most drivers in California know to swap identifying and insurance information.
This is the first step in seeking damages caused by the neglectful driver,
as the insurance company will actually be the party that pays you, not
the driver individually.
However, not everyone obeys the law and buys car insurance before traveling
public roads. Indeed, some statistical estimations put the number of uninsured
motorists across America at around 10%.
If you have been injured by an uninsured or underinsured driver, call the
Law Office of Marshall Silberberg at (949) 565-4281 to get the compensation
How to Get Maximum Compensation for Your Losses
The damages in any car accident can be costly and painful. You may have
accumulated medical expenses after numerous doctor’s appointments,
costly medicines, and possibly surgeries. Traumatic or damaging accidents
can also lead to loss of work while you recover both mentally and physically,
which could also result in loss of wages.
Filing a Claim with Your Own Insurance Company
California does not use a system of mandatory personal injury protection
(PIP) insurance coverage. When you get hurt in an accident or your car
is damaged, the liable party is expected to pay accordingly through insurance
policy payouts. If the driver has no insurance (uninsured motorist or
UM) or has insurance that does not reach the legal limit of the state
(underinsured motorist or UIM), where the payout comes from will vary.
The first possibility is checking to see if you have UM/UIM coverage as
part of your own insurance plan. This coverage option is rarely standard
and has to be added on for additional monthly premiums. It is widely recommended
that you do add UM/UIM coverage to your insurance policy since your odds
of needing it in an accident are roughly one-in-ten. If you do have this
type of coverage, your insurance company should pay for damages up to
your policy’s cap, minus deductibles. Do not be surprised if they
put up some resistance that requires a lawyer’s intervention.
Filing a Lawsuit Against the Negligent Driver
When your own insurance coverage is not enough to cover your medical bills,
pain and suffering, and loss of wages, you may also wish to pursue a lawsuit.
By filing a lawsuit against the uninsured driver, you can seek justice
by holding the driver accountable for their poor actions, and you can
seek monetary compensation. However, most drivers who do not have car
insurance are unable to afford it, which would make it unlikely they would
be able to afford to reimburse you for damages. The best thing to do following
an accident with an uninsured driver is to contact your lawyer to discuss
your legal options. No two cases are the same, and it is important that
your attorney understand the details of your situation to properly advise
you as to your best legal options.
If you were struck by an uninsured or underinsured motorist in Southern
contact the Law Office of Marshall Silberberg today. During a free initial consultation,
our team of Orange County uninsured motorist attorneys can help you determine
if you have a valid claim, and what party should be the one that provides
you with compensation.