In some car accidents, the at-fault party does not have enough insurance to compensate the accident victims. California law only requires that drivers carry insurance to pay $15,000 per injured victim and a total of $30,000 per accident.[1] Additionally, there are about 4 million motorists in California with no insurance.[2] This is why uninsured and underinsured motorist coverage is so important. Even if the other driver has no coverage or the minimum coverage, you may be able to file a claim with your insurance.
Uninsured and underinsured motorist claims are handled a little differently than ordinary lawsuits. First, you are making a claim against your own insurer. This means that a lawyer should handle the communication between the injured person and the insurance company at the earliest stage possible. Second, the claim is handled in an arbitration instead of a regular judicial proceeding. Different discovery rules, statutes of limitations, and laws govern.
Some of the rules that must be followed to recover uninsured motorist benefits:[3]
- The accident must involve physical contact with a hit and run vehicle.
- You must report the accident to your insurance within 24 hours.
- You must file a claim with your insurance within 30 days.
Contact an experienced Auto Accident Attorney
Car insurance coverage is often confusing—especially when you are making a claim against your own insurance policy. That is why it is important to have an experienced firm on your side. The attorneys at the Virga Law Firm have successfully represented clients against nearly every major insurance company. Call today for your free consultation.
If you or a loved one has been injured in a car accident, contact us for a free case evaluation. If we accept your case, there is never a fee unless we win.
Give us a call (916) 444-6595, or fill out the contact form below. Our Sacramento injury lawyers are here to fight for you and your family every step of the way.
[1] California Vehicle Code section 16056, available at: http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=16056.
[2] Insurance Research Council. “Uninsured Motorists, 2014 Edition,” available at http://www.insurance-research.org/sites/default/files/downloads/IRC%20UM_NewsRelease_1.pdf.
[3] California Insurance Code section 11580.2, available at http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=11580.2.
