California Uninsured Motorist Lawyers
Helping You Recover Compensation

California law dictates that people who drive vehicles carry insurance coverage. However, like many other laws, this requirement is not always followed. Estimates indicate that as many as 15 percent of drivers in California do not have insurance coverage. If you or someone you love has been harmed in an accident by someone who does not have coverage, there are options available to you for the recovery of damages, but your best initial step is to seek the help of experienced California uninsured motorist lawyers. Below is a brief overview of this issue.

Your First Option – Your Own Coverage

When someone is injured in a California auto accident by a driver with no insurance, it can easily seem as though that person has no options and must face the financial burden that's been placed upon him or her alone. However, that is not necessarily the case, especially if the injured person has his or her own insurance policy.

California insurance policies generally contain a provision that's paid for by the policyholder designed to protect them from these situations. This provision is known as 'uninsured motorist coverage', or UIM. When someone has been harmed by another driver with no coverage, the injured person needs to pursue a claim and a settlement from his or her own insurance company under this type of coverage. Unfortunately, this can be a difficult process to complete successfully for many reasons, and it's always a good idea to seek the help of California uninsured motorist lawyers.

In addition to UIM coverage, many insurance policies contain coverage that's known as 'personal injury protection', or PIP. PIP is a form of coverage designed to protect policyholders who have been harmed by uninsured or underinsured motorists when the damages amount exceeds the cap on benefits available under UIM. PIP usually covers expenses including medical expenses, lost income and death and funeral expenses. However, every insurance policy is complicated in its language, so seek help to find out if you're covered by this protection.

Your Second Option – A California Personal Injury Lawsuit

Even if someone is successful with his or her insurance claim, that recovery may not be enough to cover the damages incurred as a result of the accident. In addition, insurance policies do not pay claims on the basis of pain and suffering or emotional distress. Therefore, it is possible in these situations to file a California personal injury lawsuit against the other driver as an individual.

Unfortunately, there is usually a reason that someone does not have insurance, and it usually deals with a lack of assets or the ability to financially maintain coverage. Therefore, before you file a lawsuit against an uninsured individual, you should exhaust your options with your own insurance coverage and you should take a close look at the nature of the potential defendant.

All of this analysis and all of these decisions should be made with the help of experienced California uninsured motorist lawyers. Contact the law firm of Demas and Rosenthal today to schedule a free initial consultation.