Oceanside, Escondido, San Marcos
Underinsured Drivers Claims
Many times, people involved in auto accidents are uninsured. If you have been involved in an auto accident with an uninsured or underinsured driver in San Diego or other areas of California, contact The Rubinstein Law Group today for a free legal consultation with our Oceanside auto accident attorney.
Car Accident Insurance: Many State Requirements Are Inadequate
While every state in the country has insurance regulations for drivers, the amount of coverage required varies from state to state. A motorist with a high-mileage car that is ten years old is most likely to carry only the state minimum on his policy. For instance, the minimum liability coverage for California’s $15,000 for each person injured in an accident, with a limit of $30,000 for the entire accident. Included in the minimum liability is $5,000 worth of property damage coverage.
Failing to show proof of financial responsibility, meaning insurance coverage, is a violation of California Vehicle Code Section 16029. Violating this code could result in fines up to $500 plus penalties, impoundment of the vehicle and suspension of the driver’s license. If the vehicle is impounded the owner will have to pay for all storage and tow charges as well.
The consequences can be far more serious if you are involved in a car accident and do not have insurance. You may have to comply with the financial responsibility laws (SR22, SR22s, SR16) including having to pay for any injuries or damages from the accident out of your own pocket.
So as long as you have the required liability limits of auto insurance in place when in an accident in California you are not considered an uninsured driver under Prop 213. Proposition 213, also referred to as Limitations on Recovery to Felons, Uninsured Motorists, and Drunk Drivers Initiative, prohibits the recovery of non-economic losses in certain accidents. With one exception, an uninsured driver or a driver subsequently convicted of driving under the influence of alcohol or drugs at the time of an accident cannot sue the responsible party for non-economic losses. They can be sued only for economic losses. The exception is an uninsured motorist who is injured by a drunk driver can still sue to recover non-economic losses from the drunk driver.
Economic damages refer to reimbursement for the actual costs associated with the accident, expenses like hospital bills doctor bills and any other actual costs associated with the accident itself. Non-economic losses are those to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other financial damages.
Uninsured, Underinsured or Hit-and-Run Driver Coverage
This coverage also applies for accidents involving hit-and-run drivers. If your insurance company claims that there is no extra coverage for uninsured or underinsured accidents, contact an attorney immediately. In a hit-and-run case, proving that the at-fault driver’s vehicle made physical contact with yours is crucial in proving your claim.
Unfortunately, an accident caused by the aggressive or reckless driving of a vehicle that does not come into physical contact with yours is not covered by most uninsured motorist policies. Proving that you were struck by a hit-and-run driver can sometimes be difficult; therefore, it is very important to contact a Vista car accident lawyer at The Rubinstein Law Group to help you gather witness information, contact the police, photograph your vehicle. You should leave that work to your attorney. You should worry about going to the hospital immediately and taking care of your health. Leave the insurance hassles to your personal injury lawyer in Oceanside.
In any accident situation, you should do the following:
- Obtain as many witness names and addresses as possible
- Call the police, and be sure to get a copy of the accident report
- Take as many notes about the accident as possible
- Be evaluated at the nearest emergency room, and diligently follow your doctor’s advice
Handling Accidents Involving Uninsured or Underinsured Drivers
Collecting benefits from an insurance company can be a trying and difficult task. Sorting out the claims between two insurance companies can be even harder. The Rubinstein Law Group has the experience you need to help you get the compensation that you deserve. Our auto accident attorneys in San Marcos won’t settle for low-ball settlement offers and insurance company stalling tactics. If you or someone you love is having difficulty in receiving benefits in a case involving uninsured, underinsured or hit and run accidents, call The Rubinstein Law Group today at (760) 804-2790 for a free legal consultation with an experienced Escondido auto accident attorney.
The Rubinstein Law Group is located in San Marcos, California and serves clients in San Diego County, Orange County, San Bernardino County, Riverside County, Kern County, Ventura County and Los Angeles County. Call (760) 804-2790 if you need a Vista auto accident attorney who handles uninsured and underinsured cases in San Diego and throughout California. We can come to you.