Uninsured Motorist Lawyer Orange County
The frequency of road accidents is daunting enough, but the thought of having an accident with an uninsured motorist sounds like a nightmare. With approximately an eighth of national drivers uninsured and some states, like Oklahoma, having more than a quarter of their drivers uninsured, we all have cause to be worried. If you are hit by a car whose driver is found to be at fault, but who is uninsured or underinsured, you may not be able to recover any or all of the compensation to which you are entitled.
While it may seem as if the odds are still in your favor, remember that those who drive uninsured vehicles are more likely to lack the money to have cars in good repair, making them more likely to lose a wheel or leak brake fluid, either of which may precipitate an accident. Drivers of unlicensed vehicles are also less likely to have any money in the bank for which you can sue them for property damage or personal injury. In the case of underinsured drivers, even if you are able to claim damages for personal injury, the amount their insurance covers may be far below your actual medical costs.
If you are involved in any accident involving personal injury, you should engage the services of a highly competent personal injury attorney, like those at Advocate Law Firm, to ensure that your costs are met and that you receive the compensation you deserve for your pain and suffering. Our attorneys handle personal injury cases resulting from uninsured drivers throughout Southern California including Irvine, Orange County, Anaheim, Inland Empire, and San Diego.
What should you do to protect yourself and your family?
It is possible to purchase uninsured motorist coverage which insures you in the event of a collision with an uninsured vehicle. If you have this insurance and get into an accident with an uninsured driver, you can file a claim to receive compensation from your own insurance company for damages. The catch is that you can’t purchase more uninsured coverage than the amount of coverage you have for your own potential negligence.
How is an uninsured driver claim processed?
An uninsured driver claim if processed in much the same way as a regular car accident claim. The only difference is that your claim is against your own insurance company. There are often time limits for filing uninsured claims, some as brief as 30 days. Your attorney will help you take whatever action is necessary promptly and efficiently. You can trust Advocate Law Firm to arrange to get copies of all medical records and depositions from all available witnesses. The more thorough the investigation your attorney does, the better.
While many of the steps taken are the same whether the other driver is insured or uninsured, there is one important difference. In the latter situation, if you and your insurer can’t agree on a mutually satisfactory settlement, you cannot legally file a lawsuit against your insurer. You have to submit your claim to binding arbitration instead, a less formal procedure than a court trial, and one that leaves the loser will no real appeal options. The decision of the arbitrator(s) will be final.