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How Insurance Requirements Affect Compensation in Car Accident Lawsuits

| Jul 9, 2014 | Firm News

Even when a car accident appears clear-cut and liability is obviously undisputed, your ability to recover a monetary settlement or judgment is restricted by the amount of the at-fault driver’s insurance policy. While an experienced San Diego or Riverside car accident attorney assist you get the maximum amount of damages, if the at-fault party does not have enough insurance or only carries the state minimum insurance, your ability to receive just compensation may be limited.

California State Mandatory Car Insurance Requirements

All states have a required minimum car insurance requirements. In the State of California, all drivers must carry auto liability insurance mandated by law and carry proof of this insurance. The California minimum requirements are: $15,000 per person for bodily injury and $30,000 total per accident for bodily injury and $5,000 for property damage.  All insurers are required to offer California drivers uninsured/underinsured motorist coverage. While it can be rejected, most drivers do decide to purchase this coverage. Uninsured/underinsured motorist coverage will pay you in the event you are in an accident with an uninsured or underinsured driver. While many drivers carry insurance coverage that exceeds the state minimum requirements, there are some drivers that do have insurance at all—or those who carry the $15,000/$30,000 coverage minimum requirements that could very well be insufficient to compensate you if you’ve been in a serious accident.  Understanding insurance policy limits is of utmost importance. If you’ve been in an accident with an at-fault driver that does not carry enough insurance to compensate you for your injuries, your lawyer may be able to file a claim against your underinsured policy. In some instances, your attorney might be able to file a personal injury lawsuit directly against the at-fault driver if they do not have insurance, which could include garnishing wages or attacking the responsible party’s bank account.  Knowing you have enough compensation to cover your medical expenses can play a beneficial role in your recovery.  Injured parties who do not have enough money to cover medical expenses due to inadequate insurance coverage may forego important medical treatment, such as physical therapy, they may reject additional surgeries that might improve their condition. This can lead to future problems or a chronic level of pain.

Contact a San Diego or Riverside Car Accident Attorney if you or someone you love has been injured by another person’s negligent driving.  At the law offices of Martinez & Schill LLP, we fight aggressively for our clients and their families. We understand the complications that can arise after a devastating accident and work hard to ensure that you receive the money you deserve. Contact our office for a free evaluation.