Uninsured and Underinsured Motorists
In 2000, there were a total of 17,663 crashes caused by drivers with aggressive driving behaviors.
San Francisco Car Accident Attorney
California leads the nation in motor vehicle accidents. If you have been injured or if a loved one suffered a wrongful death in a car accident, truck accident, SUV rollover, or motorcycle wreck, please contact the Law Offices of David G. Smith today for a free consultation and case evaluation.
Winning Auto Accident Claims Since 1978
To learn more about the legal aspects of motor vehicle accidents, please review the general information below. To find out how our law firm can assist you, please visit our auto accident practice page.
Thank you for contacting David G. Smith, Attorney At Law. Your message has been sent.
Call us now
or use the form below.
Uninsured and Underinsured Motorists
When a driver refuses or is unable to carry proper motor vehicle insurance, that driver puts more than just himself or herself at risk. If the driver injures another person, the insurance will be inadequate to cover the damages. Injured parties, however, may be covered by their own insurance policies; uninsured and underinsured motorist coverage protects accident victims in these cases. If you have been involved in an accident with an uninsured or underinsured driver, contact David G. Smith in Oakland, CA, schedule a consultation with a personal injury attorney to create a plan of action.
Even if your state requires all drivers to carry auto insurance, the driver who injured you (or your passenger) may not have had insurance. Or, you may have been hurt in a hit-and-run accident, making it impossible to identify the driver at all.
This is when uninsured motorist coverage will step in to protect your interests. Many states require auto insurance companies to offer uninsured and underinsured motorist coverage. If your insurance company offers uninsured motorist coverage, and you chose to include it in your policy, then your insurance company will act as if it were the at-fault driver’s insurance company when compensating you.
When you file an uninsured motorist claim, your insurance company’s interests can be adverse to your interests. Consulting with an attorney before filing a claim is wise.
When the at-fault driver is underinsured, this means that the driver has purchased an auto insurance policy that does not provide enough coverage to compensate you for your damages. If you have underinsured motorist coverage as part of your insurance policy, you may be able to collect, from your own insurance company, the amount of your damages that exceeds the at-fault driver’s insurance coverage. The premium cost for underinsurance is not as costly as the primary coverage, and the amount of underinsurance protection should be at least the same amount that you have in your primary policy. For example, if you have a $100,000 policy protecting others from your negligence, you should at least have $100,000 in underinsurance coverage to protect yourself.
Collecting insurance benefits under an uninsured or underinsured motorist policy
To recover benefits under an uninsured or underinsured motorist policy, the injured party typically will need to show that the other motorist was at fault. The injured party will also need to prove that his or her bodily injuries were significant. To collect benefits under an underinsured motorist policy, the injured party must have received the entire amount of insurance coverage available from the at-fault driver’s insurance company before the injured party can make a claim against his or her own uninsured or underinsured motorist coverage.
Stacking insurance coverage
In some states and under some insurance policies, an injured party may “stack” various policies to reach a satisfactory level of compensation. By stacking coverage from more than one auto insurance policy — or coverage for more than one car on a single policy — the injured party increases monetary recovery. Stackable coverage is not allowed in every state. In some areas where it is permitted, the insured must elect stackable coverage when purchasing the policy.
Contact a personal injury attorney
Uninsured and underinsured motorist coverage protects accident victims when they are most vulnerable. Not every policy has such coverage, however, and the victim’s approach to the situation as well as any apportioned fault can change the level of compensation he or she receives. Indeed, some rules do not require the victim’s insurance company to pay the victim if the victim settles prematurely with the at-fault motorist’s insurance company. This is why it is so important to work with an experienced personal injury lawyer from David G. Smith in Oakland, CA.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.