Uninsured Motorist Claims

Palmdale Car Accident Attorney

Uninsured Motorist Claims can be a significant problem, in California and elsewhere. If you are injured in a car accident involving a negligent driver who happens to be uninsured or underinsured. Then you may be in a vulnerable position with regard to securing adequate damages to compensate you for your losses. The “bad luck” of being injured by such a defendant can cause the bills to pile up and various other losses to accrue, and it may seem as though there are no real opportunities for recovery.

So, what can you do?

There May Be Alternative Solutions

If you have been injured by an uninsured or underinsured motorist. Then you may still have options for securing a full and adequate recovery.

First-Party Insurance Claim

Uninsured Motorist Claims insurance (UIM) coverage allows injured plaintiffs to submit a claim with their own insurance provider for benefits if the defendant-driver lacks the insurance coverage necessary to cover their losses.

Not every auto insurance policy includes UIM coverage, however, so in the wake of an accident, It’s important to evaluate whether you have access to such coverage. And if so, under what circumstances your insurer might deny your benefits claim. In the event that your insurer denies benefits, that is not a final, conclusive decision. In California, you have a right to challenge their determination and potentially overturn it.

Suing Other Liable Defendants

One significant alternative to obtaining damages from the uninsured or underinsured driver is to sue other liable defendants. Depending on the circumstances of the accident. There may be multiple liable defendants. In California, each of these defendants may be held liable for the entirety of your economic damages. And for their proportional contribution to your non-economic damages.

Let’s clarify the advantage of this dynamic with a brief example.

Suppose that you are injured in a car accident by a driver who is completely uninsured. They do not have significant personal assets to cover your losses, either. Your losses total about $100,000 ($50,000 economic, and $50,000 non-economic). Now, after investigating the case further, you discover that the car manufacturer may have been liable, too, as the driver’s brakes were defective. The court decides that the manufacturer is 50 percent liable and that the driver is 50 percent liable.

How does this play out?

The driver and the manufacturer are liable only for their proportional contribution (50 percent) of the non-economic damages: $25,000 each. For the economic damages, however, you may recover the full $50,000 from either defendant, likely the manufacturer. Since they have the assets and insurance coverage to payout.

Schedule a Free Consultation with an Experienced Sherman Oaks/Palmdale Car Accident Attorney

At Prestige Law Personal Injury & Car Accident Lawyers, our attorneys have decades of experience advocating on behalf of injured plaintiffs. Including those who have suffered harm in a car accident involving an uninsured or underinsured motorist.

Thanks to the breadth and depth of our litigation experiences also we have developed a keen understanding of what is necessary to secure maximum compensation. Even in situations where the “obvious” defendant lacks insurance coverage or personal assets to cover the losses at issue.

Ready to speak to a skilled Los Angeles car accident attorney about your claims? Call us at 818-788-0808/661-341-3939 or send us a message online to schedule a free, confidential, and no-obligation consultation. We operate two offices in Los Angeles County (Sherman Oaks and Palmdale), but have also represented numerous plaintiffs located in Northern California.