Every year thousands of drivers face the reality that they have been involved in a accident with an uninsured motorist. In California, the law mandates certain insurance requirements, but it does not require uninsured motorist coverage. So many drivers are shocked to learn that they do not have any insurance coverage when they get into an accident with an uninsured driver.
If you have been injured in an accident, you need to speak to a car accident lawyer in Burbank. Get the legal representation you deserve.
Do Insurance Companies Want You to Get a Lawyer?
No, insurance companies do not want you to get a lawyer. They love it when people handle their claims on their own because it makes it easier for them to take advantage of you. Without a lawyer, you might not know all your rights or how much money you could really get for your injuries.
For example, if an uninsured driver hits you, you may not realize that you can make a claim against your own insurance company if you have something called uninsured motorist coverage.
California Laws and Regulations on Auto Insurance You Should Know About
California sets strict rules for auto insurance to protect drivers on the road. These laws ensure that anyone behind the wheel is financially responsible for any accidents they may cause.
Minimum Insurance Requirements for Drivers
California requires all drivers to carry a minimum level of auto insurance. This includes:
- $30,000 for bodily injury or death per person
- $60,000 for total injuries or deaths per accident
- $15,000 for property damage
These are the basic requirements, but they often fall short in serious accidents. Costs can easily exceed these amounts, which may leave drivers financially vulnerable. Despite the law, about 17% of drivers in California are uninsured. This makes it risky for insured drivers if an accident occurs.
Is Uninsured Motorist Coverage required?
Uninsured motorist (UM) insurance is not mandatory in California, but insurers must offer it. California Insurance Code § 11580.2. This coverage is very important for those wanting extra security. If you're in an accident with an uninsured driver, a UM policy can help recover your losses. It’s vital to understand that recovery under UM can be challenging. It usually involves negotiating with your own insurance company for fair compensation. The average UM settlement in California is about $24,000, similar to typical car accident claims. If you’re considering this coverage, it is wise to understand its benefits and how it can protect you from uninsured or underinsured drivers.
You should speak to an experienced car accident attorney, especially if the person who hit you doesn't have car insurance. At the Law Offices of Adrianos Facchetti, we know how to make UIM/UM claims to get you maximum financial compensation.
How Uninsured and Underinsured Motorist Claims Differ
In California, an uninsured motorist is someone who drives without any car insurance. An underinsured motorist, however, has coverage that isn’t enough to pay for all damages from an accident.
Filing a claim against either type can be stressful. However, most people don't realize that they can claim damages even if they weren't driving during the accident.
This applies to drivers, cyclists, or pedestrians. In other words, if you are walking down the street and you get by a driver who doesn't have car insurance, you still might be able to get compensated if you or your family have uninsured motorist coverage.
Working with an accident attorney at the Law Offices of Adrianos Facchetti ensures that you get the medical care you need and maximum compensation. One of our attorneys will guide you through the legal process, helping you handle your uninsured motorist claim for the best results.
What to Do After An Accident with an Uninsured Driver
Getting into an accident is stressful, especially if the other driver is uninsured. Here’s what you should do:
- Safety is #1: Move to a safe area and check for injuries you may have. Call 911 if you are injured.
- Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Gather Information: Write down the uninsured driver's details and get any witness' contact information. Make sure you text the witness at the scene to confirm they gave you the correct number.
- File a Police Report: This is important for your insurance claim. If you can, wait for the police. Sometimes it make take an hour or more, but it is worth it for the success of your case.
- Contact Your Insurance Company: Tell your insurance company about the accident and ask about your uninsured motorist coverage. We will handle the entire insurance process for you.
- Seek Medical Attention: You definitely need to see a doctor if you have severe injuries. But even minor injuries may require attention and documentation. You don't know how injured you are, so it's best to seek medical attention even if you think you're okay.
- Consult an Experienced Attorney: A personal injury attorney can help you avoid making mistakes early in the legal process. Do not wait to hire a lawyer. Do it today.
- Document Your Recovery: Keep records of medical expenses, physical therapy, and any emotional distress.
How a Burbank Uninsured Accident Lawyer Can Help You Get Compensation
Getting compensation after an auto accident can be difficult. Here's how a lawyer from our Burbank office can make sure you get paid:
Filing a Claim with Your Insurance
You uninsured accident lawyer will start by informing the at-fault driver's insurance company, if they have one. In cases where they're uninsured, our attorneys will file an uninsured motorist claim with your insurer. This coverage usually includes:
- Bodily Injury Protection: This covers medical expenses from the accident.
- Property Damage: Pays for vehicle repairs and lost items.
If the at-fault driver was underinsured, you can claim under your underinsured motorist policy. Our legal team will need to prove that the underinsured driver's insurance is exhausted before claiming more from your policy.
Hiring an experienced attorney at the Law Offices of Adrianos Facchetti can help you deal with this complex process. We will review your insurance policy and speak with the insurance carrier to make sure that you get treated fairly.
Pursuing Legal Action Against the Uninsured Driver
In California, if the responsible party is uninsured, you can file a civil lawsuit. This allows you to seek compensation for various losses like medical expenses and property damage. With uninsured motorist coverage, you can recover compensation up to your policy limits.
It's possible to handle claims without a lawyer, but it's not smart. Insurance companies will definitely try to take advantage of you if you don't have a lawyer.
Demand for Arbitration
If your insurance company doesn't treat you fairly for your accident injuries, a lawyer from our law firm can file a demand for arbitration. With respect to your own insurance company, you are not allowed to file a suit in court.
But you can make them pay through a less formal process called arbitration. This can be a more complicated process than regular court, so it's best to hire an attorney who has experience with arbitrations.
Getting An Attorney Involved Early Helps You Avoid Costly Mistakes
Getting prompt legal assistance is important in personal injury cases. An attorney with a solid reputation and track record of success can help maximize compensation for damages, including pain and suffering.
Why Timely Legal Help Matters:
- Prevents Loss of Evidence: Hiring an attorney early ensures the right evidence is saved.
- Deep Evaluation: Our knowledgeable lawyers evaluate all aspects of your claim, from medical expenses to property damage and we give you top legal advice.
- Focus on Recovery: You can concentrate on healing while your attorney manages the legal details.
Benefits of Hiring an Excellent Lawyer:
- Understanding Damages: Lawyers help prevent underestimating damages in the claim process.
- Experienced Guidance: Legal professionals at our law firm use our experience and resources to enhance your case outcome.
Getting an attorney involved early can really help you get a fair settlement after an accident. Our legal team knows how to handle personal injury claims and work hard to get you the most money for your injuries. Our lawyers are important allies when you face challenges because of an auto accident.
Common Problems in Uninsured Driver Cases
In California, many people choose not to have insurance, which can make it harder for accident victims to get the money they deserve. When an uninsured driver causes an accident, they may not have the funds to pay for the damages, forcing victims to use their own uninsured motorist coverage.
This situation can make dealing with insurance companies more complicated. Things like how badly someone is hurt and the limits of insurance coverage can affect how much money a person might get. Also, California has a rule called comparative negligence, which helps to determine how fault is shared between parties to make things fair.
Proving Who is at Fault
California uses a fault-based system, meaning it is important to show who caused the accident. To do this, you need to gather evidence. This might include phone records, traffic camera videos, and pictures from the accident scene. Witness statements are also helpful in proving negligence, especially if distracted driving was a factor.
Getting the Right Evidence
After an accident, collecting evidence is very important. This includes:
- Taking photos of the scene
- Keeping medical records
- Getting witness statements
An official police report is also helpful for documenting the accident. Getting in touch with a lawyer early can help improve how you collect evidence and strengthen your claim strategy.
Get a Free Review of Your Burbank Uninsured Driver Accident Case
If you have been injured in an accident and the driver does not have insurance, you need to contact a lawyer near you as soon as possible.
At the Law Offices of Adrianos Facchetti, you an explore your legal options risk-free with a confidential consultation.
Our experienced accident lawyers are eager to speak with you today. Call 626-793-8607 or use our online contact form.
