Yes! If you have been hit by an uninsured or underinsured motorist in California, you may have a claim for compensation.
A car accident is already a stressful occurrence. It is made worse when the person who causes the accident is uninsured or does not have sufficient insurance and is therefore unable to pay for your property damages and physical injuries resulting from the accident. In such instances, you may be wondering if you have any recourse and what you should do next.
Shaun Phillips of Benchmark Injury Law has experience helping clients who have been injured in accidents involving uninsured or underinsured drivers in California.
Can You File a Lawsuit Against an Uninsured or Underinsured Driver?
Yes, you can. However, it may not be your best option. Here’s why.
When a driver is uninsured or underinsured, it is often because they do not have the financial capability to pay for motor vehicle insurance. So, even if you did pursue a lawsuit against the driver, they likely will not have the funds needed to provide you with the full compensation you are owed for your injuries. It is still your legal right to file a personal injury claim against the driver who hit you, and you may still receive some amount in compensation, but you likely will not receive enough to cover the full cost of the medical expenses, lost income, and other damages. Instead, if you have purchased the right coverages on your own auto insurance policy, it may be a better option to pursue your own uninsured or underinsured motorist coverage.
What Is Uninsured and Underinsured Motorist Coverage?
One of the best ways to protect yourself against uninsured or underinsured motorists in California is to purchase an auto insurance policy with uninsured and underinsured motorist coverage. This type of coverage is separate and different from the liability coverages that are mandatory under California law. Whereas liability coverage protects you where others make a claim against you, for example, if you cause an accident, uninsured and underinsured motorist coverage operates like a personal safety net. Liability coverage does not help you when you make claims against another for your injuries. Be sure to check with your insurance adviser to confirm that you have purchased uninsured and underinsured motorist coverage, and in the right amounts, to protect you and your family.
Uninsured and underinsured motorist coverage can provide additional compensation for damages such as medical bills, lost wages, and pain and suffering when the at-fault party is not properly insured or is not insured at all.
Get Help From a California Uninsured and Underinsured Accident Lawyer
Benchmark Injury Law is a unique and value-based personal injury law firm with experience providing clients in California with legal assistance after they have been injured in an accident involving an uninsured or underinsured motorist. Our firm is dedicated to building strong relationships with our clients so we may understand their unique needs as we provide them with the personalized representation they deserve.