The time surrounding a serious car accident is frightening and stressful,
and this is especially the case when an uninsured motorist is at fault.
If you have suffered serious injuries because of an uninsured motorist,
you are probably wondering who will pay your medical bills and who will
cover the damage done to your car. At Habbas & Associates, a San Jose
uninsured motorist lawyer at our firm is capable of helping accident victims
find the compensation they need to recover from their accidents.
We are highly experienced at handling all types of personal injury claims
in the San Jose area, and we are here to advocate for you during this
trying time. We take the time to help review your insurance policy with
you and identify all other policies that may extend coverage to you. You
may actually have uninsured motorist coverage that insures you and the
passengers in your vehicle who suffer bodily harm caused by a driver with
no insurance. Whatever your situation may be, you can find the help you
need when you call our firm.
Uninsured Motorist Compared to Underinsured
An uninsured motorist is someone who does not carry any insurance at all.
Although this is a crime in California, it does not deter people from
still driving with no insurance, which means they will not provide you
with any coverage later. An underinsured motorist is someone who carries
insurance but the amount they carry does not provide enough to cover all
of your damages.
In California, the minimum coverage limit that all drivers must carry is:
$15,000 for bodily injuries suffered by one party
$30,000 for bodily injuries suffered by all parties
$5,000 for property damage experienced by all parties
Imagine that you incurred $50,000 in medical bills after an accident. The
liable driver’s insurance caps at $30,000. There will be another
$20,000 in bills unaddressed, which technically makes that driver underinsured.
Do You Have UM/UIM Insurance?
The first thing you should do after getting into an accident with an uninsured
or underinsured motorist is to check to see if you have uninsured/underinsured
motorist (UM/UIM) insurance. California does not make it mandatory that
you purchase UM/UIM insurance, so it might not be in your policy. If your
policy does include UM/UIM coverage, though, then you are in a better
position than many other drivers who have been hit by an uninsured motorist.
Through a UM/UIM policy, your own insurance company will provide for your
unpaid damages after being hit by an uninsured or underinsured driver,
up to the cap of your policy. However, having UM/UIM insurance does not
guarantee you will get the owed coverage. Your insurer might try to challenge
the claim, meaning you could need to file a lawsuit against your insurance
company instead of a third-party insurer.
Hit-and-Run Drivers are Uninsured
What happens if you were hurt in a hit-and-run accident and no one had
a chance to identify the other driver? Again, an UM/UIM insurance policy
can be a saving grace. Under most policies, a driver who cannot be identified
is equal to a driver who has no insurance, so your UM policy could provide
some coverage even if the other driver is never located.
How an Uninsured Motorist Lawyer Can Help
Insurance companies are notorious for trying to avoid or minimize payments
on claims, and that is where we come in. It may be that your claim exceeds
the limits of your coverage, and we will fight tirelessly for the maximum
amount of compensation available for your case. Uninsured motorists are
a huge problem in California, and more than 14 percent of drivers remain
uninsured. Our firm is waiting to help you seek the compensation you need
to cover your medical expenses, loss of work income and more.
Contact a San Jose uninsured driver lawyer at Habbas & Associates if you have
been injured in an accident caused by an uninsured motorist.