Uninsured Motorist Accident Claims In California
Every motorist needs to know that California legislation strictly requires them to carry a minimum amount of liability insurance. This car insurance is required to make sure that motorists can cover the losses of victims if they cause a collision. Despite the law, a considerable percentage of motorists in our state fail to carry insurance. Let our uninsured motorist accidents law firm explain:
Often, motorists get the insurance they initially have to have for licensing reasons. They then allow the policy to lapse due to higher insurance premiums charged in California compared to other states. Even if someone can not afford their insurance, they usually take the chance and drive anyway. Driving without insurance can lead to major problems if they cause injury to others on the road.
If you did not cause an accident, you should never have to pay for your losses out-of-pocket. Particularly if it's just because someone else broke the law! Too many people find themselves in this exact situation when they are in a collision with an uninsured motorist.
Fortunately, if this happens to you, a skilled lawyer can assist you. A law firm experienced in filing an uninsured motorist accident claim with your own insurance company to pursue coverage of your losses.
Uninsured Motorist Claims In California
If you get hurt by a driver without insurance, you might breathe a sigh of relief when you realize that you have UM insurance coverage. But, your insurance company does not automatically send you a check in this instance. Quite the contrary, actually, as these claims can be remarkably difficult.
You may be aware that insurance companies are first and foremost corporations that mostly care about their bottom lines. To maximize their earnings, they try to limit the amount they pay on each and every claim. You might assume that since you pay your own company premiums each month, they will be more cooperative and forthcoming with your UM or UIM payment. This is not the case in the majority of situations.
The harsh fact is that insurance companies are equally as hard to deal with when it comes to their own policyholders. Every dollar they pay on your claim is a dollar out of the insurance company's pockets, so you can expect them to require you to prove your claim fully and that they will challenge your claim any chance they get. It is crucial to have an extremely skilled UM attorney form First Law Group managing your claim.
In order to prove your UM claim, you will need to show the following:
- The other driver acted negligently and caused your accident and injuries
- The other driver had no insurance or insufficient insurance to cover your damages
- The value of your uncovered losses
- You have to prove the negligence of the other motorist similar to any other kind of car insurance claim.
This means you must prove:
- The driver had a duty of care (which is to drive in a reasonably safe manner).
- The motorist breached that duty in some way, which might consist of distracted driving, drunk driving, speeding, or violating other traffic laws.
- The driver's breach of the duty resulted in the collision and your injuries.
You must also give evidence of the value of your claim. This may include showing medical bills, pay statements, statements from medical or occupational experts, and more. Proving responsibility for the collision and the amount of your losses can be more difficult than you think. Our law firm knows how to collect and provide the necessary evidence to support your UM or UIM claim.
How Insurance Companies Dispute UM/UIM Claims
Even if you think you have a completely legitimate claim, you may be surprised when you receive an incredibly low settlement offer or an outright denial. Insurance adjusters have many strategies to dispute these claims, including the following:
- Denying that you have uninsured or underinsured motorist insurance coverage under your plan.
- Challenging that the other driver was negligent and responsible for the accident.
- Disputing whether a hit and run driver really physically hit your vehicle or claim you were responsible for the collision.
- Trying to minimize your recovery by claiming you were partially responsible for the collision.
- Trying to reduce your settlement by disputing the seriousness of your injuries, the necessity of your medical treatment, or whether you needed to miss work.
- Claiming you could have gotten less expensive medical care elsewhere.
- Doubting whether you require future medical treatment or time off work.
- Questioning the pain and suffering you experienced as a result of your injuries.
- Doubting whether all of your injuries came from the accident in question.
When your insurance company protests and makes a lowball offer or denies your claim, you need a serious advocate who will not back down. At First Law Group, we frequently take on major insurance companies to negotiate the offers our clients deserve, and we will not think twice to file a suit against your insurance company if needed.
At First Law Group, we really care about our community and we are driven by our passion for clients. Our personal injury lawyers in Pomona, California are always available to take your call. For a Free Consultation, call us at (626) 888-8264, or visit our website: FirstLG.com