If you were involved in a car accident that was caused by another driver, you may be filing a personal injury claim for your accident-related expenses through their insurance company. Depending on how catastrophic your injuries were, and the cost of other damages, you may incur huge expenses after the accident. The negligent driver’s insurance company can help cover a large share of these expenses. However, what happens if the other driver does not have insurance or has insufficient insurance coverage?

Hiring a personal injury attorney after an automobile crash is often the best way to ensure you avoid making costly mistakes and receive the compensation you deserve for accident-related damages. Additionally, it can also guarantee that you don’t exceed the statute of limitations, that all the appropriate paperwork is filed correctly and on time, and that your case is valued accurately. An attorney can also provide all the legal options available if the other driver does not have insurance or they are underinsured.

Can a Lawyer Help Me Sue Another Driver That Caused an Accident?

Yes, but in most cases, you will not need to sue the other driver, unless they do not have insurance coverage, or their insurance coverage cannot cover the cost of all of your damages. After an auto accident, you’ll file a personal injury claim against the other driver’s insurance company. This means you will not directly seek compensation from the responsible party. Instead, you will obtain compensation from their insurance provider.

You may be hoping that the insurance company is going to offer a reasonable settlement, but in most cases, you’ll receive a lowball settlement offer that is not nearly enough to cover the cost of economic and non-economic damages. After a serious auto accident, the injured party should never have to pay out-of-pocket costs for damages caused by a negligent driver.

In many claims, injury victims are entitled to the following damages:

• Pain and suffering
• Past and future medical treatment expenses
• Money for wage loss
• Property damage
• Loss of consortium
• Loss of quality of life
• Loss of companionship
• Emotional distress

And more.

Working with an experienced auto accident attorney, whether you’re filing an insurance claim or lawsuit, is often the best way to protect your rights to compensation.

Filing an Auto Accident Lawsuit Against the At-Fault Driver

If you do not have uninsured or underinsured motorist coverage and you’re involved in an auto crash with a driver who has deficient insurance, you can file a personal injury lawsuit. When you file a lawsuit, you must prove that the other motorist caused the accident. Proving fault may be easy in some cases, especially if the other motorist was issued a citation or charged with reckless driving. In other cases, it can be challenging to prove fault.

Keep in mind, that if the other driver did not have insurance, they most likely do not have valuable assets that can cover your demand for damages. This means, that even if you win in court, you will be left with a judgment that is unenforceable.

Filing an Insurance Claim Against Your Own Insurance Company

If you suffered life-changing injuries that require ongoing medical treatment and/or significant vehicle damage and the other driver’s insurance coverage is not enough to cover the total cost of your damages, or they do not have insurance, you may have to look to your own insurance company for compensation. If you have uninsured or underinsured insurance coverage, you can file a claim against your insurance company to receive compensation for your losses.

However, the state of California does not require motorists to carry underinsured or uninsured motorist coverage. If you do not have this type of coverage, the other option is to file a personal injury lawsuit against the at-fault driver.

How Uninsured Motorist Coverage Works

Uninsured motorist insurance is a type of coverage that will reimburse you for the injuries you sustained in an auto accident. It usually includes underinsured motorist insurance, which will cover you and any passengers in your vehicle for the injuries sustained in an accident involving a motorist that has insufficient insurance. Depending on the extent and nature of your injuries, damages can include:

• Pain and suffering
• Past and future medical costs
• Money for wage loss
• Permanent disability
• Permanent disfigurement
• Loss of quality of life

And more.

This type of insurance coverage won’t just cover your damages, but will also cover family members who live in your household, such as drivers, pedestrians, bicyclists, and passengers. You may also be covered in a collision that involves a negligent hit-and-run driver. However, in a hit-and-run accident, uninsured motorist coverage will only pay for injuries and does not cover the cost of property damage/vehicle damage, or vehicle replacement.

Legal Challenges with Uninsured Motorist Claims

Uninsured and underinsured claims often involve complex insurance language. To receive the compensation you deserve, you should not handle this type of claim by yourself. With this type of claim, you’re not suing the at-fault motorist, since they likely will not have the assets to cover your damages. Instead, you will be making a claim against your own auto insurance carrier. The objective of most insurance companies is to pay accident victims as little as possible. They may even deny your claim outright. Additionally, more than one entity or person may be responsible for your injuries, further complicating the issue.

At Lem Garcia Law, our legal team has extensive experience handling accident cases and we will use every legal strategy possible to help you receive adequate compensation if you were injured in a collision with an uninsured motorist.

Filing a Lawsuit Against Your Insurance Company

If the insurance adjuster refuses to pay fair accident damages for your auto accident claim or offers a low settlement amount, you can decide to pursue compensation in court and have an attorney present your case in front of a judge and jury. Most cases will not go to trial, since a trial is very time-consuming and expensive. Once the insurance company realizes a lawsuit has been filed, they are often more willing to make a fair settlement offer.

Accident Investigation

Whether you decide to pursue maximum compensation by filing an accident claim or personal injury lawsuit, you must retain legal representation as soon as possible.

An experienced attorney from a reputable personal injury law firm will begin by investigating your accident and will obtain valuable evidence that can help you receive the fair compensation you deserve for economic and non-economic damages.

An experienced car accident attorney will begin their legal claim investigation by visiting the motor vehicle accident scene or sending a private investigator. At the scene, an attorney or private investigator will take photos of any solid evidence, such as skid marks on the road, broken or missing traffic signs or lights, and any debris on the road.

Accident injury lawyers will also interview any eyewitnesses, and utilize their network of experts, such as accident reconstruction experts, economists, life care planners, private investigators, medical experts, and others to prove liability.

To build the strongest case possible, an auto accident lawyer will also obtain:

• Copies of the police report, or accident report
• Your auto insurance policy and the other driver’s auto insurance policy
• Your medical records
• Pay stubs from your employer
• Documentation from your treating physicians
• Video surveillance footage, if available

Accurately Valuing Your Accident Claim

Your legal counsel will work with experts and your treating physicians to determine the true value of your claim, based on many factors, including the extent of your physical injury and whether you sustained a permanent injury or you’ll make a full recovery. Severe and catastrophic injuries tend to have a higher claim value since these types of injuries often require ongoing medical treatment. Even a minor car accident can result in serious bodily harm and extensive damages.

Examples of common types of severe injuries can include:

Internal damage

Traumatic brain injury

Fractured or broken bones

Spinal injuries

A personal injury lawyer will calculate your damages, including the cost of past and future medical care, to ensure you receive the largest settlement possible.

Negotiating with Insurance Companies

In many cases, negotiating with an insurance claims adjuster concerning the value of a damage claim can be a very frustrating experience, especially for accident victims filing a claim against their own insurance provider. An auto insurer may offer a quick settlement, but these settlements are designed to appeal to an injured accident victim desperately in need of monetary compensation and are never large enough to cover the true cost of your damages. When an insurance representative enters the settlement negotiation process with an experienced car accident lawyer, they will automatically know that they will be forced to pay a larger settlement compared to what they would have had to pay had they negotiated with the accident victim.

Negotiating with an insurance provider can take weeks, months, or years. An experienced auto accident attorney will go back and forth with the auto insurance company until a fair settlement is agreed upon.

Other Ways You Can Recover Costs if an Uninsured Driver Hits You

Below are other options you can explore if you’re involved in an auto accident with a driver that does not have insurance or has insufficient insurance coverage.

Your Health Insurance

Your health insurance plan may cover expenses related to treatment for your accident injuries. If you have uninsured motorist coverage, your health insurance is entitled to proceeds from the policy under the subrogation law.

Subrogation laws in California allow an insurance company to seek reimbursement from the negligent party for the amount it spends on the plaintiff’s medical treatment since the health insurance company was not responsible for causing the accident and should not be held legally responsible for accident-related medical costs.

Medical Payment Coverage

Med Pay, also referred to as medical payment coverage, is another type of optional insurance available in California. This type of coverage will pay for funeral expenses and medical costs for a policyholder and their passenger.

Contact an Accident Injury Attorney At Lem Garcia Law Today to Schedule Your Free Case Strategy Session

Whether you’re pursuing compensation in a personal injury lawsuit against an at-fault party or filing a claim with your own insurance company if the guilty party has insufficient or no insurance coverage, you need an experienced accident injury lawyer in your corner. At Lem Garcia Law, our team of lawyers can help you pursue the fair settlement you deserve for your injuries, damaged vehicle, and other losses. We offer free, no-obligation consultations. At a free case strategy session, you can meet with one of our attorneys to discuss your case, learn about your legal options and rights, and have all of your questions answered. If you decide to work with us, we can get started right away, investigating your accident and exploring every avenue of compensation to hold the liable party accountable for the harm they have caused and ensure you receive the settlement or award you deserve. Contact our law office today to schedule your free case strategy session.