Car insurance is a mandatory feature for any motorist whose car is on the road. In the event of a car accident, insured drivers lay claims with the insurance companies to take care of medical treatment costs and any vehicle damages, depending on the type of insurance coverage. However, some motorists involved in car accidents may be under-insured or have no insurance coverage. San Diego personal injury lawyers deliberate on how to obtain or make compensation in such scenarios.
Uninsured Motorist Coverage- At no Fault States
Where the motorist is involved in an accident with a driver who does not have any car insurance, a San Diego personal injury attorney may recommend filing a lawsuit. However, a successful suit depends on whether the motorist responsible resides in a no-fault state or not. A no-fault state requires drivers to pay for any injuries or damages regardless of who is at fault. Filing a case in court is off the table unless medical bills exceed a particular amount. If you have obtained an uninsured motorist policy, you may receive compensation from your insurance company.
The cover protects policyholders when involved in an accident with a driver who is uninsured and at fault. San Diego personal injury attorneys cite that only a few states require the coverage, but the law requires insurance companies to offer it to clients residing in most states. The uninsured motorist coverage does not exceed the standard liability coverage threshold. As such, if the driver takes a cover worth $100,000 for his total liability coverage for every accident, the UIM shall not exceed that amount. Note that the cover is an additional policy you purchase to protect yourself from financial losses that come with accidents that involve uninsured motorists in no-fault states.
Other kinds of states
Drivers residing the traditional negligence states, however, can file a suit with the help of an San Diego personal injury lawyer against the driver at fault to recover damages. If you successfully prove that the other party is at fault and are granted permission to file a suit, there is no guarantee that you will receive compensation. The San Diego personal injury attorney may run a credit check to verify the assets in his possession, but in such instances, uninsured motorists may not have much in the way of assets. As such, lawyers from a San Diego personal injury law firm may recommend reporting the case to the police immediately.
Filing a Lawsuit
Driving without an insurance cover is a crime, and the uninsured motorist is not oblivious to this fact, hence may disappear after causing an accident. To recover compensation for damages sustained, San Diego personal injury attorneys advise taking a picture of the motorist’s license plate, his name, and address. A photograph of the accident scene also comes in handy. Also, ask for the contact details of any eye witnesses at the site as they may help your lawyers or police during the investigation.
In instances where the driver states that the car has been insured through the employer, get the details of the firm and the insurer’s name. Be sure to file a formal complaint if the motorist declines to provide his insurance details. If you have sustained injuries, call for help and keep a record of all medical expenses as evidence. A San Diego personal injury lawyer will recommend that you maintain a record of receipts of all expenses, any income lost as a result of injuries, and a monetary calculation of the pain and suffering sustained just as the person had insurance.
In Case of Permanent Injuries
A personal injury lawyer becomes invaluable where you have sustained a permanent injury. It is because you need to claim for compensation from the insurance company. However, the insurance company may deny liability where the claimant pursues arbitration at a San Diego personal injury law firm. Note that, even through arbitration, the applicant can’t receive benefits exceeding his standard accident coverage. Thus, if his accident insurance cover is worth $ 75,000, he can only receive the same amount through arbitration.
Sometimes, bringing claims against the insurance company may make the rates unreasonably high; it should not be the case. Some states forbid such actions, especially where the motorist is not at fault. Other states allow the companies to raise the rates if the driver is at fault by 50% and where damages exceed $2,000. Good personal injury lawyers ensure the insurance company makes the compensation in good faith and validates any raise.