Accidents with an Uninsured Motorist

Seek Just Compensation with Our San Jose Car Accident Lawyer

Automobile accidents in California can be troubling times. After injuries are determined and proper care is administered to ensure a speedy recovery, accident victims are left to handle the more tangible aspects of the accident. Specifically, vehicle repair and / or replacement are often the second most important issue pertaining to traffic accidents, with personal injury being the first.

Associated with this critical issue are insurance companies and insurance coverage, the latter being that which enables an accident victim to acquire the necessary funds to repair an accident-damaged vehicle. However, not all motorists carry enough insurance coverage, and some may carry none at all, at which point skilled legal representation accustomed to dealing with uninsured / underinsured motorist accidents are sought and matters are handled at a much more effective rate.

Contact Caputo & Van Der Walde LLP's San Jose car accident attorney to pursue justice! We offer free case evaluations.

uninsured motorist

Understanding California's Uninsured Motorist Law

In the state of California, motorists are legally required to have current car insurance on the vehicle they drive. However, some motorists choose not to have coverage, either because insurance costs are too high or they assume that insurance is a waste of money because, in their minds, the likelihood of an accident is so small that paying for insurance seems to be a waste. Consequently, all other motorists who do carry insurance often protect themselves and their financial well-being by having uninsured and underinsured motorist accident insurance coverage.

The following details the minimum insurance requirements:

  • $5,000 for damage to property in an accident
  • $15,000 for the injury or death of 1 person in an accident
  • $30,000 for the injury or death of 2 or more individuals in an accident

As many as 15% of drivers in California do not have driver's licenses, and are thus driving without auto insurance. Many others have inadequate insurance for the damage they may do to others. It is illegal for a person to drive without a driver's license or car insurance. It is important that every driver acts responsibly and has "uninsured motorist" coverage in case of an accident with an uninsured driver.

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What is uninsured / underinsured motorist insurance?

Uninsured / underinsured motorist insurance ensures that your insurance company, in the event that you are in an accident with another motorist who does not have insurance coverage, will cover the costs associated with your medical bills and / or damaged property up to a certain dollar amount. In the event that the motorist with whom you are in an accident with is underinsured, and you have underinsured motorist coverage, your insurance company will pay the difference between the amount that you need and the limited amount that the negligent party's insurance covers (this amount that serves as the difference will not exceed the amount of coverage for which you pay). In any event, there is always a cap on the amount of the settlement that your insurance company is willing to pay, according to the stipulations of the policy.

Funds sought from insurance companies can help cover the costs of:

  • Medical bills
  • Monetary compensation for injuries
  • Vehicle repair or replacement
  • Wages lost/to be lost in the future

However, insurance companies, in being businesses looking to profit as much as possible, oftentimes may undercut settlement payouts, attempting to short change unsuspecting injured motorists who are oblivious to the tactics that insurance companies engage in order to minimize costs.

Call Caputo & Van Der Walde LLP at (800) 900-0863 Today

If you or a loved one has been involved in an accident with an uninsured or underinsured motorist in Northern California, please contact us at (800) 900-0863.

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