Uninsured and Underinsured Accident Attorney
Accidents Involving Uninsured Drivers in Beverly Hills
The State of California, under Insurance Code Section 11580, made it mandatory for all vehicles driving on public roads to have liability insurance. The purpose of this is to ensure that, should the driver of a vehicle cause an accident, any damage they bring about can be covered by the insurance policy they’ve taken for their car. However, car accident claims can be tricky, leading to confusion for multiple parties.
It’s now common for drivers to operate vehicles that have little to no insurance, which is a danger to other road users. In case an accident occurs, such drivers will not be able to compensate the injured party for the damage or injuries caused to them. These situations call for a specialized Beverly Hills injury lawyer from Setareh Law to help you find a way forward.
What Do Underinsured and Uninsured Mean?
These two terms are treated slightly differently under the law. Both terms are assigned to an insurance policy or an addition to your insurance coverage that protects you should you be involved in an accident with a driver who does not have auto insurance.
However, they do differ in many ways. Uninsured means the vehicle in particular does not have an insurance policy attached to it. An underinsured vehicle, on the other hand, is a vehicle with insurance, but the amount for which the vehicle is insured is not enough to cover the cost of injuries or damages they may have caused you.
California law makes it mandatory for auto insurance policy providers to bundle uninsured motorist coverage with every offer they make. The only way a person cannot have this coverage is if they choose not to have it, and explain so in writing. It is quite important to ensure you never signed such a waiver, otherwise, you may not have such coverage.
Which Scenarios Can Lead to A Claim?
The most simple circumstance of a claim occurring is if you get into an accident with a driver who hasn’t insured their vehicle. Here’s where having a competent injury lawyer by your side is crucial. You’ll have to be able to prove that the uninsured driver hit you and that you had not been a factor in the other driver striking your vehicle.
Your car accident attorney should be able to verify whether the offending driver has insurance coverage for the vehicle’s owner, the operator, and more. They do this by requesting insurance information from the at-fault driver and getting in contact with their insurance provider. Once the attorney determines that the offending party did not indeed have any insurance, then they make a claim to your own provider on your behalf for the damages that would typically fall with the driver at fault.
The other scenarios include where the vehicle that caused damage is underinsured. In this case though, the indemnity provided to that vehicle has to be exhausted first, then your insurance will cover the remainder. You can also file this claim in case you were involved in a hit-and-run and reported the accident to the authorities.
What Would You Need to Make a Claim?
As with any claim, the first step is to get yourself a competent personal injury attorney. It is the work of your attorney to gather all the necessary paperwork to make a successful claim. Some necessary documents include:
- Medical records of the treatment for injuries sustained, as well as for future medical treatment options, such as surgeries, medication, and physical therapy.
- Particulars of damage you may have sustained, like destroyed property, cost of vehicle repairs, and others.
These documents are essential for making a settlement demand, whether for an uninsured or underinsured motor vehicle claim. If the parties involved in the claim agree to the compensation amount, then a review of the release becomes necessary. It’s only then that the parties will sign and the payment is issued.
In situations where the parties cannot agree on the asked-for settlement, then the matter goes to arbitration. It’s at this phase where “discovery” is conducted, which is basically the exchange of the documents necessary to prove your claim. The arbitrator will then decide on the award to be made by the insurance to you.
Contact The Experienced Beverly Hills Personal Injury Lawyer at Setareh Law Today
If you have been involved in an accident with an underinsured or uninsured motorist, the legal process can become overwhelming quickly. It’s important to partner with a skilled Beverly Hills personal injury firm, such as our team at Setareh Law. Our English- and Spanish-speaking team will fight for your rights and the compensation you deserve.
We put our hearts and minds into fighting for our clients, and we’d be honored to make a claim on your behalf. To discover how we can help you with your claim, call us at (310) 659-1826 or use the contact form on our website.