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What to Do If You Are Hit By an Uninsured Driver

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San Jose personal injury attorneyGetting into a car accident is most of the most stressful things a person can experience. Finding out that the person who caused the accident did not have auto insurance can be even more devastating. Generally, when a person causes a car crash, their insurance is responsible for compensating the other individuals involved in the accident. Without this insurance, the process of recovering costs associated with the accident can be significantly more complicated.

Uninsured Motorist Coverage

Automobile insurance is required by California law, but some individuals choose to drive without insurance anyway. Because of this, car insurance companies offer uninsured motorist coverage and underinsured motorist coverage. Uninsured motorist coverage is insurance which guarantees that the policyholder will be covered if they are involved in an accident caused by an uninsured motorist or are in a hit-and-run accident. California state law requires an uninsured motorist provision to be included in all auto liability policies. However, you may voluntarily decline this coverage via written request.

Even individuals who have purchased uninsured motorist protection can find themselves without enough financial compensation to pay for damages caused by an uninsured driver. The coverage included through an uninsured motorist policy is often not enough to cover the extensive costs incurred by a serious auto accident.

Suing the Other Driver May Help You Recover Compensation

If you have been seriously injured due to someone else’s negligence, it is only fair that the negligent party pay for your damages. Bringing a lawsuit against an insured driver who caused a car accident is one way to be compensated for things like medical bills, lost wages, and pain and suffering. The only problem with this strategy is that uninsured drivers often are uninsured because they cannot afford coverage. It may be fruitless to sue an individual who has no assets.

Bringing a Claim Against Your Insurance Own Company Is Often More Successful

The purpose of an insurance policy is to compensate drivers for damages caused by accidents. Unfortunately, insurance companies are notoriously tightfisted when it comes to payouts. If you have been hurt in a car accident and your insurance company offers an unfair settlement, you have the right to request binding arbitration. It is important to note that making an uninsured motorist claim against your auto insurance company can be very challenging. A qualified California personal injury attorney can protect your legal rights and guide you throughout the claims process.

For help with recovering compensation after a car accident, contact experienced San Jose uninsured motorist accident lawyer John J. Garvey, III.  Call 408-293-7777 to schedule a free consultation.

 

Source:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS&sectionNum=11580.2

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While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.

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John J. Garvey, III
10 Almaden Blvd, #1200
San Jose, CA 95113
Phone
408-293-7777
Fax
408-294-5890

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