If you are injured in a car accident and another driver was at fault, then it may seem like a simple case: The insurance company of the other driver will pay your claim in full. After all, that is why there are laws stating that everyone must have auto insurance in California – right?
The bad news is that this may not be the case. In certain cases, drivers may have only the minimum auto insurance required by law. If you have serious injuries or even injuries that may seem relatively minor, such as a broken bone, the at-fault driver may not have adequate insurance to cover your damages. The good news is that you are not necessarily left with no options. Read on to learn more and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you are ready to take advantage of a free legal consultation about your case.
California’s minimum requirements
As is true in most states, California requires that any driver who owns a car has car insurance liability coverage. The law requires drivers to have a minimum amount of insurance equal to $5,000 for property damage, $15,000 for each injury they cause (or death), and $30,000 total for an accident that injuries one or more person.
This insurance is perfectly adequate for a minor car accident but it is not adequate for a more serious accident. For example, if a fender bender occurs and the result is a sprained arm, then $15,000 is likely enough for the victim and $5,000 in property damage would likely cover the damage to the car. However, if a person had a traumatic brain injury as a result of the accident, they injured their neck, or if someone died, then these minimum requirements are not nearly enough to cover the victim’s damages.
You do have options if the victim’s insurance does not cover the entirety of the accident
There are options available to you if you are involved in a car accident in which the other driver only has the minimum insurance required by law. One option is to look at your own car insurance policy. If you carry UIM (underinsured motorist) coverage then this is just what it is for. It offers you the funds you need if you are involved in an accident with a person that does not have enough insurance to cover your injury. Note that filing a case against your own insurance company can be just as challenging as filing against another company and you should talk to an attorney.
Other option is to sue the driver themselves. When you talk to Law Offices of Fernando D. Vargas, we will consider a number of factors to determine if this is a good idea. For example, if you are involved in an accident with a person who does not own any significant property and makes $20,000 per year then they are not likely worth suing because it will be virtually impossible to recover. However, if they own a home or have other personal wealth then this may be the best way forward.
