All drivers must obtain vehicle liability insurance to pay for injuries and property damage that occur when they are at fault for a car accident. You would think that the at-fault driver’s insurance would pay for all the medical costs and lost wages that you have suffered. However, that does not mean that everyone on the road has proper coverage or coverage at all.
Often, you only recover the policy limits that the at-fault driver purchased. In California, all drivers must obtain vehicle liability insurance of at least $15,000 for bodily injury per person, $30,000 for total bodily injury per accident, and $5,000 for property damage. Our attorneys often see cases where these amounts are insufficient to compensate you for all you have lost.
If you are in an accident caused by an uninsured driver or underinsured driver, you may be able to file a lawsuit against them to receive compensation for your injuries. Frequently, uninsured or underinsured drivers have few assets or money to be recovered on the judgment, so filing a lawsuit would not do much good.
However, in California, you can buy additional coverage known as uninsured and underinsured motorist coverage. These policies are technically part of your regular car insurance coverage, but many people must opt-out to save on their premiums. If the at-fault driver’s insurance does not cover all your medical costs, your uninsured or underinsured motorist coverage would compensate you for the difference.
You do not have to be driving for your uninsured motorist insurance to apply, which means you can be covered if you were injured while walking or biking. Generally, if you were physically touched by an uninsured or underinsured vehicle, your uninsured or underinsured motorist coverage would cover your injury.
It is important to determine, as soon as possible, if the at-fault driver has insufficient insurance. Insurance companies will limit their policyholders’ time to file for uninsured or underinsured motorist claims.
While purchasing these policies can be an added cost, they are the best way to protect yourself in an accident with an uninsured or underinsured driver. If you were hurt in a car accident, call an Eason & Tambornini Sacramento car accident attorney for a free consultation today.
