At Eason and Tambornini, A Law Corporation, our personal injury and car accident attorneys regularly answer, “Can you claim against your insurance company for your injuries sustained in a car accident? Below, We will cover the answer to this question and how one of the personal injury attorneys at Eason and Tambornini can best help you in case of a car accident.
Uninsured Motorist Provision
Insurance companies, per California law, have what’s known as an uninsured motorist provision in all policies by default. An uninsured motorist policy works if you’re in an accident that was someone else’s fault and the driver at fault lacks the proper insurance policy required by law in California. Then, your uninsured motorist provision will apply, and you can file a claim against your insurance company under the uninsured motorist provision. However, it is essential to note that the uninsured motorist requirement can be waived by law through the informed consent of the policyholder. The disclaimer of the absence of an uninsured motorist provision must be presented to the policyholder with informed and specific terms with their approval. So, it’s essential to understand that if you’re purchasing a cheaper insurance policy and agree to waive an uninsured motorist’s provision, you may not have that same coverage.
Underinsured Motorist Provision
In addition to uninsured motorists, many insurance policies in California also have what’s known as underinsured motorist provisions. An underinsured motorist provision is available in the event of a car accident. Where your policy is more significant than the other driver’s, the other driver’s insurance policy must be revised to pay all your claims. At this point, your underinsured motorist provision would pay for your claim. For example, if the other driver had a $15,000 insurance policy limit, the minimum required by California law, and your injuries from an accident were over $25,000 in value. The other driver’s policy limit is only $15,000, and that’s all they’re obligated to pay. If you had bought an underinsured motorist provision that provided around a $25,000 – $100,000 policy, your insurance company would then pay up to the value of your case to stay within your policy limits for that claim. Of course, your insurance company gets credit for whatever you receive from the other driver’s insurance. So, by way of illustration, if your claim is worth $25,000 and you have a $50,000 provision, the other driver has a $15,000 policy, then the first $15,000 will come from the other driver, and the next $10,000 would come from yours.
Medical Payment Provision
Some policies besides the uninsured and underinsured motorist provisions also have a medical payment provision. Medical payment provision is usually limited to $1,000-$5,000, but it can occasionally kick in and provide medical care and treatment for you or your passengers if you’re in an accident. That medical payment provision is another essential policy provision to take advantage of if it’s available from your insurance provider.
If you or a loved one have been involved in a car accident resulting in severe personal injuries and have questions about making an insurance claim against your insurance company or another insurance company. Please pick up the phone and call our offices at Eason & Tambornini, A Law Corporation. Our expert team of personal injury lawyers in Sacramento is here to help you and offer advice. We offer completely FREE and confidential, no-obligation consultations. You can contact us at 916-438-1819 or by email through our contact page. Please stop by our physical office at 1234 H St. Sacramento, 95814.
