Uninsured / Underinsured Motorist Accidents in Walnut Creek
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Have you been seriously injured in an accident involving an uninsured or underinsured motorist? You may have concerns and questions about your insurance coverage options, such as whether you can seek compensation for your injuries. When the individual causing an accident doesn’t have the proper insurance coverage, it can be confusing and difficult to resolve a car accident claim with the insurance companies involved.
Casper, Meadows, Schwartz & Cook has been advocating for the rights of injury victims since 1979. With 35+ years of legal experience and insight, our team knows how to craft strong cases for clients involved in uninsured / underinsured motorist accidents.
Can I Recover Compensation After an Accident with an Uninsured Motorist?
When you are hit by a driver that is uninsured or underinsured (having minimal auto insurance), uninsured / underinsured motorist insurance coverage may apply.
In California, drivers are required to carry a minimum amount of liability insurance, which is $15,000 per person / $30,000 per accident. Unfortunately, not all drivers are insured. Many more are inadequately insured.
When an accident occurs involving a driver who has little or no insurance, complex insurance issues may arise. That is why it is important to work with a legal team that understands how to effectively deal with insurance companies and their tactics.
When drivers have uninsured or underinsured motorist coverage, they can seek compensation from their own insurance coverage to help cover expenses such as lost wages, medical expenses, and pain and suffering.
Understanding Uninsured Motorist Coverage
It is crucial that you understand how your UM or UIM coverage works. Having a clear understanding of your coverage can help you be better prepared if an accident with an underinsured or uninsured driver were to occur—as well as equip you to navigate such claims when they arise.
For example, keep the following in mind:
- California only allows you to collect up to your maximum UM / UIM coverage—that means if the other driver is insured for up to $25,000 and you have UIM coverage for up to $50,000, you could only recover $25,000 from both coverages for a total of $50,000, even if your expenses totaled $80,000.
- You will only be covered so long as you were not at fault for the accident—you may need to be prepared to demonstrate the fault of the other party when making your claim. This may require careful investigation and evidence.
- You may get UIM / UM coverage even if you weren’t driving—if you were hit while walking or riding a bicycle, you could still be compensated through your UIM / UM coverage.
- You have a time limit on how long you have to file a claim—In California, the statute of limitations for car accidents is two years, so do not delay in filing your claim for compensation.
No matter your situation, uninsured and underinsured motorist claims can be confusing and complex. The sooner you retain representation and counsel for your case, the sooner you can have peace of mind.
Statute of LImitations for Underinsured & Uninsured Driver Accidents in California
As mentioned above, there is a two-year time limit, or statute of limitations, for filing an uninsured motorist claim in California. You have two years from the date of injury to file a claim for compensation.
When it comes to underinsured motorist claims, the right to coverage does not occur until the defendant’s limits of coverage have been exceeded. In this circumstance, there is not a specific time limit for bringing a claim, it just must be brought forth in a “reasonable time.”
Call Our Firm to Learn About Your Legal Options After an Accident
At Casper, Meadows, Schwartz & Cook, we have the skills needed to address a range of complicated matters in uninsured and underinsured motorist accident cases. We can help you determine if your own policy contains coverage for uninsured and underinsured motorist accidents and help you seek compensation for all accident-related expenses. Our firm can also assist clients in hit-and-run claims.