When a person sustains injuries in a car accident due to another driver’s negligence, they can file a claim with the other person’s insurance company. However, if the at-fault driver is uninsured or underinsured, the process becomes more difficult.

If you were hurt in a car accident and discovered that the negligent driver lacks insurance, you can still seek compensation. While doing it is more complicated, it is still possible. You can get the money you deserve with an experienced auto collision attorney in your corner. Reach out to Valero Law Group after being involved in an uninsured or underinsured car accident in San Bernardino.

What Is an Uninsured/Underinsured Driver?

California law demands all San Bernardino motorists carry liability insurance to protect themselves and others in the event of a car accident. Unfortunately, not all people follow this law. An uninsured driver is a driver who does not have insurance. If this driver causes an accident, the injured party cannot file a claim with their insurance company.

An underinsured driver is a driver whose insurance limit is too small to cover the injured party’s damages. According to California Insurance Code §11580.1b, the minimum liability auto insurance is $15,000 for injury or death to one person, $30,000 for more than one person, and $5,000 for property damage.

If, for example, a person sustains injuries that lead to $50,000 in damages, the insurance company will only cover $15,000. The other $35,000 would have to be recovered in a different way.

How to Recover Damages from an Uninsured/Underinsured Driver

Recovering damages in uninsured/underinsured auto accidents in San Bernardino requires a comprehensive approach. If the driver does not have insurance or their insurance is not sufficient to cover the damages, there are several ways to proceed.

File a Lawsuit Against the Driver

The injured party has the right to file a lawsuit against the driver personally to recover damages. In this situation, it is important to remember about the statute of limitations.

The plaintiff has only two years from the date of the injury to file a lawsuit. While some exceptions exist, delaying legal action usually weakens the case and makes it harder to collect compensation.

Find All Liable Parties

The fault in car accidents is not always straightforward. In some cases, more than one party could be responsible for the crash.

For example, a motorcyclist who is lane splitting causes the uninsured driver to swerve and hit another car. In this situation, both parties could be responsible for covering an injured person’s damages.

An experienced attorney can identify responsible parties and provide comprehensive guidance on seeking compensation from all of them.

Use Uninsured/Underinsured Motorist Insurance

Uninsured/underinsured motorist coverage (UM/UIM) is usually part of California’s regular auto insurance coverage unless the person waives it. The minimum coverage is $15,000 for injury or death to one person or $30,000 for more than one person.

If the at-fault driver lacks a policy or sufficient insurance, the injured person’s UM/UIM insurance can be helpful. However, it may still not be enough to cover all the damages.

Navigate Uninsured/Underinsured Car Accidents in San Bernardino With an Attorney

You have limited options if you were injured in a car accident and found out that the driver does not have enough insurance to cover your expenses. An attorney can fight for your rights and help you get fair compensation, even if it means going to court.

At Valero Law Group, our team is passionate about helping injured people. We are always available for calls, and we will come to you if you are too injured to travel. To schedule a consultation, please contact us at any time.