Have you or someone in your life been in an accident with a California motorist who wasn’t injured? Unfortunately, this isn’t an unusual situation. Believe it or not, many drivers don’t have insurance – despite the fact that it’s required by law.
One of the main issues with uninsured drivers is that many injured victims don’t believe they have any options. After all, most people who drive without insurance don’t have enough money to justify taking the time and spending the money to file a claim against them. The good news is that there are actually solutions to this issue.
The basics of uninsured motorist claims
If you carry uninsured motorist coverage on your car insurance policy, then you can make a claim against your own insurance company. However, there are instances where you don’t have to have this coverage and may still be able to make a claim. The most common example is when you’re a passenger in someone’s vehicle and the owner of the vehicle does have uninsured motorist coverage.
Uninsured motorist coverage pays for most – but not all – of the things that the other party’s insurance would have paid for. It should cover the following:
- Medical bills
- Lost wages
- Pain and suffering
- Loss of future earnings
It likely doesn’t cover property damage, including damage to your car, but that’s likely covered by your collision coverage. Figuring out what’s covered and where to get coverage for each part of the accident can be complicated. That’s where Law Offices of Fernando D. Vargas comes in. We can review your coverage and let you know what your options are.
Keep in mind that in the state of California it is against the law for your insurance company to raise your premium if the accident wasn’t your fault. For that reason, it’s important that you get documentation that the other party was at fault whenever you’re making an uninsured motorist claim.
The basics of underinsured motorist claims
Though underinsured motorist cover is similar to uninsured motorist coverage, there are some differences. Underinsured coverage applies when the person responsible for the accident had liability insurance but the limits on their policy weren’t enough to compensate you for your loss.
There is a seemingly endless list of conditions, limits, and restrictions on this coverage in California. The best option is to contact a legal firm before choosing coverage amounts because your coverage may not cover what you think it does.
Remember that in California, both uninsured and underinsured motorist claims are made directly against the insurance company and if a settlement can’t be reached, then the claim will move on to arbitration. Unlike other similar claims, neither uninsured nor underinsured claims are filed in Superior Court. Your insurance policy will dictate the specific policy that needs to be followed if arbitration becomes necessary.
Only an auto accident attorney can properly advise you on these complex issues
The truth is that the numerous procedures, rules, and the general complexity of these issues make it very challenging for even the most experienced insurance agent to help you with these issues – and in most cases they have their own interests in mind. You need representation from an experienced auto accident attorney. Contact Law Offices of Fernando D. Vargas for the help you need.
