If you are involved in a car accident that was caused by another driver and sustained injuries, you might be able to file a claim against the negligent driver’s auto insurance. In many cases, however, the negligent driver will either not have sufficient coverage to compensate for the total amount of damages or will not have any form of auto insurance. When you have been injured as a result of an uninsured or underinsured driver, you may be able to file a claim against your own insurance policy. With regard to underinsured motorist coverage, however, a claim made against your own insurance policy will not be triggered until the at-fault driver’s policy limits have been collected.
California Law as it Pertains to Auto Insurance
The State of California has a mandatory insurance law, formally regarded as a driver’s financial responsibility. Unfortunately, the fact remains that there are countless drivers who do not carry sufficient auto insurance coverage or do not have any form of coverage. When suffering an accident caused by one of these drivers, it can be a nightmare to attempt to recover damages for a loss of wages, medical bills, and associated costs.
Even as the State of California mandates that all drivers carry auto insurance, the state recognizes the reality of underinsured and uninsured motorists. As a result, insurance laws also mandate that auto insurance companies offer drivers the option of obtaining underinsured and uninsured motorist coverage. A driver who does not want the additional coverage will need to sign a waiver denying the coverages.
Uninsured Motorist Coverage
This form of auto accident protection will take effect when the at-fault driver does not carry any form of automobile insurance. Although it is possible to file a civil claim against the uninsured driver for reparations, filing a claim can be counterproductive, as many of these drivers do not have the means to cover the damages out-of-pocket.
Underinsured Motorist Coverage
Underinsured motorist coverage will provide a similar form of protection as an uninsured motorist coverage policy. In California, drivers will need to have a minimum auto policy coverage of:
- $15,000 for the injury or death of any person,
- $30,000 for the injury or death of two people or more, and
- $5,000 for property damage.
When more than two people have been injured by a driver who only carried the minimum liability coverages, all injured parties will need to share the maximum amount of $30,000. When the auto insurance policy does not cover the entire cost of damages, it is possible to file an underinsured motorist claim once the at-fault driver’s policy has been exhausted.
Following an Accident With an Underinsured or Uninsured Driver, Consult With a Well-Versed Auto Accident Attorney
Drivers should be well aware that by waiving underinsured and uninsured motorist coverage, they will not be able to file a claim against their insurance for compensation. By requesting full coverage, drivers can expect to be covered when involved in an accident with a driver who does not have sufficient coverage.
Following an auto accident, serious financial distress may be unavoidable. As a result, filing a claim against your own insurance policy may be necessary. With more than 30 years of dedicated legal experience, the personal injury attorneys at SANFORD A. KASSEL, A Professional Law Corporation are skilled in the most complex auto accident claims. Consider contacting the law firm today for a free initial consultation.
