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.
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.
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.
Being hit by a driver that does not have insurance 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 dedicated advocate–someone who understands the fundamental unfairness of the situation and will help you get the compensation you deserve. A car accident lawyer, knowledgeable in this area, 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 recovery prognosis. This will all be used to formulate a legal strategy.
There is a limit as to how long you have to act on filing a claim. The deadline or time limit is legally called the statutes of limitations. If you were the uninsured driver, the plaintiff will not be able to pursue legal action against you for damages owed after two years. It is in place to protect you from getting sued months or years down the line. However, it will not limit additional state-mandate penalties.
Your trusted personal injury attorney in Newport Beach will act to aggressively get you maximum compensation. The success of your case is dependent on evidence from the following:
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 depose its employees, as well as interview various witnesses to your accident. 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.
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. At Accident Lawyers Firm, we put our clients first with support, trusted services and resources that may be of use to you.
Maximizing Your Uninsured Motorist Accident Claim
As an avid driver, you take road safety seriously. Unfortunately, not everyone is as careful and considerate. Some drivers believe that they can do anything they want on the road, and outcomes, such as minor to severe accidents, will not have consequences. If you have been injured in an accident caused by a reckless driver, then you should make a claim against them. Indeed, there is more than one type of reckless driver – there are those who take physical risks and those that take financial risks. People who drive without insurance fall into the latter category. The number of uninsured drivers is on the rise. Statistics show that a high percentage of at-fault drivers are without insurance. In this article we walk you through how to potentially maximize your claim against the defendant.
An uninsured driver accident lawyer can help you get the most from your insurance coverage. In addition to uninsured and underinsured motorist coverage, you or the at-fault driver may also have personal injury protection (PIP) coverage depending on the state you live in. In California personal injury protection is not available or required. Insurance companies offer medical payment insurance (MedPay), instead, to help with paying hospital bills after a car accident. Like PIP, MedPay specifically pays for medical coverage, whether you were the at-fault driver. However, it offers less coverage for personal injuries, lost wages or assistance with day-to-day tasks at home you were unable to manage following the accident. The clauses that define this coverage may be buried deep within your insurance paperwork, and you may have been paying for it all along. It is right that you claim what you are rightfully entitled to.
Making an Underinsured or Uninsured Motorist Coverage Claim
When you have been involved in an accident resulting in either personal injuries or material damage to your car, the next step you will want to take is to seek compensation. Drivers in Newport Beach are required to have at least a minimum liability policy to cater for medical expenses and other damages of third parties. California law states anyone that owns a vehicle is financially responsible if an accident were to occur and a person(s) were injured. Showing responsibility can come in various forms. It is mandated that all drivers have auto-liability insurance. Without insurance, drivers are susceptible to getting fined, having your license suspended or vehicle impounded. If you injure another driver, pedestrian, or property the consequences may be more severe.
The minimum limit for insurance coverage is as follows:
However, there are those uninsured or underinsured drivers, therefore making it hard for the aggrieved party to recover damages. If you have uninsured motorist coverage, it is advisable to get in touch with an injury attorney. Read on to learn more about making claims against drivers that don’t have car insurance.