What Happens If You Get Injured by an Uninsured Driver?

September 1, 2021

Getting seriously injured in a motor vehicle accident could be very traumatizing. Besides being in physical pain because of your injuries, you might also be incapable of working, which means that your income may be little to none, and you could also be suffering from emotional and psychological issues following the accident. You’re also probably feeling that things can’t possibly get worse. But then you discover that the negligent driver that caused the accident was uninsured. What happens now?

Who Pays for My Losses?

While California requires motorists to carry valid minimum auto insurance coverage, there are still motorists who drive without proper insurance. This means that injured victims don’t have an insurance policy to recover from when the liable driver doesn’t have insurance. This is why auto insurance companies offer uninsured motorist coverage (UMC). Motorists who decide not to purchase UMC should sign a waiver stating that they refused this kind of coverage. Take note, though, that this coverage is not required in California, as it is in some states.

If you have UMC, this will cover you when you get into an accident with an uninsured driver. It will cover your injuries and any passenger in the car when the accident is the uninsured driver’s fault. In most cases, the limits of UMC are the same as the required liability insurance limits. If you have health insurance, you can also use that to cover your injuries up to your policy limits.

Likewise, if you have medical payments coverage of MedPay, this will cover your medical bills and your passenger’s medical expenses. It covers immediate medical care, regardless of fault. In addition, if the at-fault driver has sufficient assets to pay for your losses, you can likewise file a claim to recover compensation from the driver.

What Should I Do If My Insurance Provider Denies All or a Part of My Coverage?

Your insurance provider is your best friend because you keep their business alive by paying your monthly premium. That is until you get into an accident that they should cover. Take note that insurers are legally obligated to make sure that their policyholders can rely on them when they need them the most. Otherwise, you can file a claim against your insurer to ensure that you’re treated fairly and that you recover the compensation you deserve for your losses.

Your lawyer can determine whether your insurer is acting or has acted in bad faith. And if so, your lawyer can help you seek compensation that may well exceed your policy limits.

Seek Legal Advice from a Santa Barbara Uninsured Motorist Accident Lawyer Today

If you’ve been seriously injured or suffered significant property damage due to an accident in which an uninsured driver was at fault, you may receive compensation from an uninsured motorist claim. To discuss your claim with our Santa Barbara uninsured motorist accident lawyer today, call The Law Offices of Bamieh & De Smeth, PLC, at 805-643-5555 or fill out our online form to arrange a free review of your claim.