All drivers must exchange insurance information following a car accident. California is an at-fault state, which means that you will file your injury claim with the other driver’s insurer. Sometimes, accident victims file their claims and discover that the other driver’s policy will not cover all their injuries and damages, or worse, the policy has lapsed, and there is no coverage at all.
Learning that you may need to cover your medical bills after you have suffered a serious accident can be overwhelming. For drivers involved in uninsured/underinsured car accidents in San Jose, state law allows accident victims to recover damages if the other driver does not have insurance. If you have been involved in an accident with an uninsured driver, a skilled car accident attorney at Valero Law Group can help you recover full compensation for your medical costs and lost wages. Call now for a free consultation.
UM/UIM Coverage
In San Jose, when drivers purchase auto insurance, the insurer must offer them uninsured motorist/underinsured motorist (UM/UIM) coverage to protect them in the event of a vehicle collision with a driver who is not sufficiently insured. This insurance covers costs if the other driver does not have insurance (uninsured motorist coverage) or if their coverage is not sufficient to pay for the victim’s damages and injuries (underinsured motorist coverage).
State law requires drivers to have liability insurance in case of accidents. The current minimum coverage is $30,000 per person, $60,000 for total accident injuries, and $15,000 in property damage.
Minimum liability insurance will not cover most serious injuries after a motor vehicle accident, even if the other driver is completely at fault. Insurance industry analysts estimate that up to 17 percent of California motorists are uninsured, so all drivers should carry UM/UIM coverage with their car insurance.
Other Options in UM/UIM Car Accident Cases
Car accident victims in San Jose have several options for claiming compensation if the other driver is uninsured or underinsured, but they may need legal assistance to pursue them. Motorists should always consult a personal injury attorney before taking legal action against the driver or their insurance company.
File a Report With the California DMV
California law requires drivers to file a report within 10 days following a vehicle collision. This report gives motorists additional leverage against uninsured or underinsured drivers unwilling to negotiate settlements.
File a Civil Lawsuit Against the At-Fault Driver
Victims also have the option to sue the at-fault driver personally for damages suffered in an accident. However, in many cases, drivers who lack insurance also lack the assets required to pay for medical bills and lost wages. Drivers considering this alternative should discuss it with their attorney.
Consider a Third-Party Lawsuit
In some types of accidents, the driver may not be the only person involved. For instance, in commercial vehicle collisions, accident victims may have cause to take action against:
- The driver
- The driver’s employer
- The shipping company
- Other companies involved with maintenance or loading
Third-party lawsuits are complex and require a skilled legal team. Motorists should consult their attorney about possible lawsuits against other parties if more than one party is at fault.
The attorneys at Valero Injury Law review all options with their clients to ensure they receive the compensation they deserve. The firm operates on a contingency fee basis, which means there is no fee until the case settles or wins at trial. Call for a free consultation.
Contact an Attorney to Seek Compensation After UM/UIM Vehicle Collisions in San Jose
Being involved in a vehicle collision can be a stressful experience, especially if the at-fault driver is uninsured or their coverage will not cover the full cost of your claim. Even having UM/UIM coverage does not guarantee that all of your damages will be paid.
Valero Law Group wants to help drivers involved in uninsured/underinsured car accidents in San Jose receive the compensation they deserve. Call today to book a free consultation and let their attorneys review your case.
