Underinsured motorist lawyer Newport Beach
How an Uninsured Driver Accident Lawyer Can Get You Compensated
Accidents happen all the time. Even if you are a careful and conscientious driver, it is still possible to collide with a driver who is not as careful. It is perfectly natural to assume that in the event of such an accident, the expenses that result from it will be covered by an insurance company—either your insurance or that of the other driver. In fact, if you have been injured in an accident that is the result of the other driver’s recklessness, then you should expect their insurance to cover the subsequent costs. This will not happen if the driver is uninsured and you may need to work with an uninsured motorist lawyer in Newport Beach to get compensation.
Dealing with an Uninsured Driver
An accident is a sudden and terrible event. It will leave you rattled and confused at the outset. However, there are a few actions you will need to take immediately.
You will need to call emergency services, you will need to take photos of the damage done to your vehicle, and you will need to exchange insurance information with the other driver.
If the driver says that they are driving without insurance, you should take down their personal details. You should also make sure that the police know that the other driver is uninsured when they arrive.
Although most states require every driver to have car insurance, some people choose to take their chances without it. This is illegal, but it does not change your situation if an uninsured driver hits you. The burden of the expenses you will incur due to the accident will fall solely on your insurance company.
When at the scene of such an accident, you must say nothing that suggests you are at fault for it. After a car accident, you may find yourself talking to a lot of people: the other driver, possible witnesses, insurance companies, the police, and paramedics. When you do, keep in mind that anything you say can be used against you – if filed in an official report. Do not take the blame for the accident by saying: “I’m sorry,” “It’s my fault,” or additional explanations. Regardless of if it is true, admitting fault is detrimental to your case.
Right after an accident it can be challenging trying to determine what happened or who should be liable. For example, when a rear-end accident happens in a parking lot, the driver might assume fault for not using a turn signal or stopping abruptly. When, in fact, it was the driver behind them who did not provide enough distance or failed to come to a complete stop. There could be several underlying factors as to why the accident happened – some of which may not be due to the drivers at all from weather to poor road maintenance.
Any fault you admit to will cost you, as your insurance company is obligated to support the required amount stated in your policy. You may have an instinct to apologize but any acknowledgement of fault can make it harder to reach compensation if the investigation reveals another side to the case. Between battling in court, you will receive a traffic violation, risk getting your license suspended and spike in insurance rate. Never apologize; until the testimonies are documented and a lawyer reviews your case, assume that you are not fully sure you should be the only person blamed.
An extensive investigation will follow. You should also have yourself checked by a doctor. If you have been injured in the accident, you should photograph the cuts and bruises before being treated and bandaged. The medical staff can show you how to do this safely.
Dealing with Your Insurance Company
Many states make it mandatory for drivers to carry uninsured motorist coverage as part of their policy. If you are in a state that carries such a law, then it may be in your policy. Uninsured motorist coverage is designed to help drivers who find themselves in a situation described above. It will cover the cost of the accident up to your total liability per accident.
The issue can become complicated if the accident was severe and your medical bills and
other expenses exceed your liability limit. That is why you should contact an attorney that is well-versed in handling uninsured motorist cases first—even before you report the accident to your insurance company.
Why You Need a Lawyer
Being hit by an uninsured driver essentially leaves you with all the costs and expenses of the accident. This can be a frightening and unnerving prospect and you should keep in mind that your insurance company is not on your side–they are on their own side. Their sole aim is to pay out as little as possible.
You need a true advocate–someone who understands the fundamental unfairness of the situation and will help you get the compensation you deserve. A Newport beach car accident lawyer will help you navigate the perils of an uninsured motorist accident. During the initial consultation, your lawyer will ask you to recall the circumstances that led to the car crash. They will also ask you about the words and details you exchanged with the other driver and the prognosis for your recovery. This will all be used to formulate a legal strategy.
What Your Uninsured Driver Accident Lawyer Will Do
Your uninsured driver accident lawyer will go to your insurance company to negotiate a settlement that will compensate you for medical bills, lost wages, and pain and suffering. If the insurance company will not budge, it may be necessary to file a lawsuit.
Filing a lawsuit will give your attorney the power to subpoena certain documents from the insurance company and to depose its employees. Your lawyer will also launch their own investigation into the accident and your insurance company. The desire to reduce the payout amount sometimes leads companies into dubious, unfair, and borderline illegal practices. If you have been denied compensation for less than a legitimate reason, your attorneys will find out about it and use it to force your insurance company into a higher settlement offer.
Uninsured Driver Attorney Newport Beach – Contact Us Today
If you have been in an accident with an uninsured driver, then you need legal representation. You should call our firm today for a consultation.