Uninsured/Underinsured Car Accidents in Banning
When you get hurt in a car accident due to someone else’s negligence, you can seek compensation. However, if the at-fault party does not have proper insurance, damage recovery becomes complicated.
To get the money you deserve after uninsured/underinsured car accidents in Banning, you may have to go to court. Having a qualified auto collision attorney on your side is key to improving your chances of obtaining fair compensation.
What Are Uninsured/Underinsured Car Accidents?
Uninsured and underinsured car crashes in Banning occur when at-fault parties do not have sufficient insurance to cover the injured party’s damages.
Uninsured (UM) Accidents
When the at-fault driver does not carry insurance, the injured party cannot file a claim with that person’s insurance company. They are forced to seek other ways to recover damages.
Underinsured (UIM) Accidents
In California, the minimum mandatory auto insurance covers only $15,000 for the injury or death of one person and $30,000 for two or more people. It also covers $5,000 of property damage.
For example, if the damages in a personal injury case are $50,000, the insurance company will only cover $15,000. The other $35,000 must be recovered in a different manner.
UM/UIM Insurance in California
State law requires that all insurance providers in California offer uninsured/underinsured motorist (UM/UIM) coverage. However, drivers are not legally required to purchase this insurance; they can opt out of it manually.
If the injured person has this type of insurance, it can cover a part of the damages. However, such insurance is also limited. It may not be sufficient to compensate the injured driver for all the expenses related to the accident.
Recoverable Damages in Uninsured/Underinsured Car Crashes
Damages an injured person in Banning could claim after being involved in a car accident with an uninsured or underinsured driver include:
- Economic Damages: Medical bills, rehabilitation costs, lost wages, property damage
- Non-Economic Damages: Pain and suffering, emotional distress, PTSD, chronic pain, loss of consortium
- Wrongful Death Damages: Burial and funeral expenses, loss of emotional support, loss of financial support
If the case goes to court, the judge may decide to award the victim punitive damages. This usually happens if the uninsured or underinsured driver demonstrates outrageous negligence.
Going to Court Over an Uninsured/Underinsured Auto Collision
If the driver who caused the wreck was uninsured or underinsured, one of the ways to recover full compensation is to file a lawsuit. A direct lawsuit against the driver can help the injured party collect damages.
The statute of limitations for filing a personal injury lawsuit in California is two years. While it might seem long, delaying legal action can have negative consequences. Building a strong case against the at-fault party is always easier when attorneys have access to recent evidence.
In court, a Banning UM/UIM car accident attorney presents the case to the judge or jury and counters the arguments of the at-fault party’s legal team. Such cases result in either a settlement or a verdict.
Consult a Lawyer After a Car Accident With an Uninsured/Underinsured Driver in Banning
Obtaining compensation for uninsured/underinsured car accidents in Banning may be difficult, especially if you do not have proper legal assistance. An attorney can help you navigate the case, make educated decisions, and get the money you deserve.
At Walter Clark Legal Group, we know how to handle uninsured/underinsured car accident cases. Our experience allows us to explore multiple recovery options and think outside the box. To schedule a free consultation and discuss your case, call us any time.
