
Hit by an Uninsured Motorist in San Jose or the Bay Area?
Auto Accident Attorneys in San Jose Provide Advice on Insurance Issues
If you are in an accident with an underinsured or uninsured driver or are the victim of a hit-and-run, you could still be entitled to receive compensation. When you buy auto insurance in California, you can obtain uninsured motorist (UM) coverage unless you specifically refuse it in writing.
By maintaining this insurance, you and your passengers are covered if an accident with an uninsured driver causes bodily injury. If you are in an accident with an underinsured driver and have underinsured motorist coverage (UIM), your own insurance company covers what the other driver’s policy does not.
For example, if your medical costs are $30,000 and the other driver’s insurance covers only $15,000, your own underinsured-driver coverage pays the remaining $15,000.
When you file an uninsured motorist claim with your insurance company, you suddenly become an adversary in your insurer’s eyes — even though you have been paying premiums to your insurer for this coverage for years.
Our San Jose car accident lawyers have practiced both defense and plaintiff’s personal injury law during their long careers, so we know the tactics California auto insurance companies use to delay, deny and/or underpay claims.
Call (408) 716-1668 or fill out our online contact form today to request a free case evaluation.
How Will My Insurance Protect Me in a Hit and Run?
You have been injured in a car crash, and the other driver fled the scene. Who is going to compensate you for your injuries? Under California law, it is considered a hit and run incident if there is contact between your vehicle and the other driver’s vehicle and the other driver does not stop.
Many times, this may seem frustrating and you may be tempted to not file a claim with your own insurance company to avoid the time and effort it would take to file a claim. However, your insurance will often have coverage for this situation built into your uninsured motorist coverage.
What If I Don't Have UM Coverage?
If you’re involved in a car accident with an uninsured motorist in California and you don’t have uninsured motorist (UM) coverage, your options for recovering damages may be limited. Here’s what typically happens:
- You May Have to Pay for Your Own Damages: If the at-fault driver doesn’t have insurance and you don’t have UM coverage, your own insurance won’t cover your injuries or vehicle damage unless you have: collision coverage that pays for damage to your car (but you’ll still need to pay your deductible) or medical payments (MedPay) coverage that helps with medical expenses (but it’s usually limited). If you only have liability insurance (which is the legal minimum in California), your policy won’t cover your losses.
- You Can Try to Sue the Uninsured Driver: You have the right to file a lawsuit against the uninsured driver to recover damages. However, many uninsured drivers don’t have assets or the ability to pay, making it difficult to collect compensation.
- You Might Qualify for Compensation Under Other Policies: If you were injured as a pedestrian or passenger, you may be able to claim against another party’s insurance, like the driver of the car you were in. If the accident involved a commercial vehicle, the company may have insurance that could cover your damages.
- California’s Proposition 213 Limits Certain Claims: Under Prop 213, if you were driving without insurance, you cannot recover non-economic damages (like pain and suffering), even if the uninsured driver was at fault. However, you can still seek compensation for medical bills and lost wages.
Call Our Auto Accident Attorneys in San Jose for Legal Help After a Car Accident
For most people, it is difficult to interpret insurance policies and nearly impossible to apply to current situations.
Our personal injury attorneys can explain the policy in common terms and determine exactly what is covered and what is not. Most importantly, we are available if needed to represent you on your behalf to ensure that you receive the full amount of coverage you deserve.
A vehicle accident is a complicated process no matter what the situation may be. But especially when an auto accident occurs with an uninsured or underinsured driver, the attorneys at Needham Kepner & Fish LLP are available to help you recover compensation to cover your damages so you can move on.
To schedule a free consultation, contact us today at (408) 716-1668 or online. We handle injury cases on a contingent fee basis, which means that you pay us nothing unless you recover compensation.