How to Recover Damages in an Accident When the At-Fault Driver Does Not Have Insurance

If you have been involved in a car accident and the at-fault driver did not have insurance – or did not have enough insurance to cover the accident – you are not necessarily without options. Keep reading to learn how your own underinsured / uninsured coverage might help and other legal options that could be available to you. If you believe you might have a case, contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.

Your Under/Uninsured Motorist Coverage Might Protect You

Underinsured motorist coverage works differently than uninsured motorist coverage. For underinsured insurance, which is purchased at the same time as your uninsured motorist coverage and is included with it, it means that if the at-fault driver has insurance, but it is insufficient to cover all of your damages for pain and suffering, emotional distress, lost wages, and medical bills, you will have options to recover the difference between your total damages and the at-fault driver’s lower insurance.

For example, if you are in an accident and have $50,000.00 in uninsured/underinsurance coverage, but the at-fault driver only has $15,000.00 in coverage, the underinsurance coverage allows you to recover the difference between your underinsurance coverage ($50,000.00) and the at-fault driver’s $15,000.00 in coverage. As a result, the net extra benefit to which you would be entitled is $35,000.00 in these circumstances.

We Have More Un/Underinsured Drivers in California Than in Most States

California is recognized for having one of the highest rates of uninsured and underinsured drivers in the country. You may be able to get compensation for your losses, including pain and suffering, emotional anguish, lost earnings, and medical expenses, even if the at-fault motorist is uninsured. Uninsured motorist coverage is one method to obtain this.

Your agent will ask if you want uninsured motorist coverage when you get liability insurance. It is critical to purchase this coverage. In simple terms, if you are involved in an accident and the at-fault driver does not have insurance, you can sue your own insurance carrier for damages up to the policy limits of your uninsured motorist coverage. According to our experience, adding this coverage to your insurance policy will not raise your rate.

Uninsured/underinsured motorist coverage is perhaps the most critical insurance you can get, and it’s also one of the most affordable. California law mandates that vehicle insurance providers provide you with this coverage.

What Happens If The Person Who Caused The Accident Isn’t Covered?

When an accident happens and the at-fault driver is uninsured, you may be unable to get compensation for any losses, such as pain and suffering or car damage. Uninsured motorist protection, on the other hand, is a type of insurance coverage. If you get this coverage from your insurance carrier, you will be able to claim damages from your own insurer for either your personal injuries or property damage.

Do you have questions about your case? Contact The Law Offices of Larry H. Parker now at 800-333-0000 to request a free legal consultation with an experienced personal injury attorney.