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Can I Recover Compensation After Being Hit By an Uninsured Driver?

Posted on in Car Accident

Santa Clara County personal injury attorney car accident

Being involved in any type of car accident is a traumatic ordeal, but when you are hit by an uninsured motorist, the situation becomes even more concerning. In addition to substantial property damage, automobile collisions can also cause severe physical damage including traumatic brain injuries (TBI), head and neck injuries, whiplash, broken bones, internal organ damage, skin burns, and more. These injuries often require expensive medical treatment including surgery and long-term physical therapy. 

When a motorist is involved in a car accident and the responsible party does not have auto insurance, the damaged individual may assume that there is no way to recover compensation for his or her losses. Fortunately, there are several avenues that may help you collect compensation for damages caused in an uninsured motorist car accident.

Uninsured Motorist Coverage May Help You Recover Partial Compensation

Although car insurance is required by California law, some motorists continue to drive without insurance. In order to plan for the possibility of being involved in an accident with an uninsured driver, car insurance companies offer uninsured/underinsured motorist coverage. Drivers can opt out of uninsured motorist coverage if they choose to do so. Unfortunately, even if a motorist does have uninsured motorist coverage, he or she might only receive partial compensation, which may not cover the full extent of his or her damages.    

Bringing a Personal Injury Claim Against the Uninsured Driver

When a person’s carelessness or recklessness causes another to suffer financial harm, it is only fair that the negligent party remedy that harm. Through a personal injury lawsuit, you may be able to sue the other driver for causing the accident. You may be eligible for compensation for your medical expenses, lost income, property damage, and more. Unfortunately, personal injury claims against uninsured drivers are not always successful at actually getting compensation into the hands of the injured party. If the uninsured driver is uninsured because he or she cannot afford car insurance, it is likely that the driver does not have any assets with which to pay a personal injury settlement.

Consider Bringing a Claim Against Your Car Insurance Company

If you have dutifully paid your auto insurance premium and were not at fault for the car accident, you probably assume that your insurance carrier will give you the compensation you desperately need. Unfortunately, car insurance companies are known for offering very low payouts after vehicle accidents. It is likely that your insurance company will minimize the extent of your damages and argue that you do not need the level of compensation that you are requesting. One option in this situation is to bring an insured motorist claim against your car insurance company.

Contact a Santa Clara County Car Accident Attorney

A car accident can leave you with overwhelming expenses, not to mention injuries that could affect the rest of your life. To learn more about how to recover compensation after being hurt in a vehicle collision with an uninsured driver, contact the Fuller Law Office. Schedule a free, confidential consultation with a knowledgeable San Jose, CA personal injury lawyer by calling our office at 408-234-7563 today.

 

Source:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=11580.2

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