Experienced Guidance for Uninsured & Underinsured Motorist Claims
Our Car Accident Attorneys Can Help You Recover Damages
No matter the circumstances, a car accident is a stressful and hectic experience — being involved in a hit-and-run, or being hit and injured by an uninsured or underinsured driver only makes matters worse. When the other driver has fled, does not have insurance or has insurance limits that are too low to fairly compensate you, the obvious question is: Who pays for injuries and damages? In California, a person may opt out of Uninsured Motorist/Underinsured Motorist (UM/UIM) coverage. However, if you do not have UM/UIM coverage, accidents involving uninsured/underinsured drivers will likely result in you not being fully compensated for your loss. We recommend that everyone carry at least a $100,000 UM/UIM policy in the event they are injured by an uninsured or underinsured driver.
One problem you may face when filing an uninsured motorist claim is an insurance company’s attempt to pay you less than you deserve — or avoid payment altogether. With the experienced San Jose uninsured car accident lawyers from Bohn & Fletcher by your side, your best interests will be fought for and represented to the maximum extent of the law. Since opening the doors to their Bay Area personal injury law firm, founders and principal attorneys, Robert Bohn, Jr. and Ram Fletcher, have won millions of dollars in compensation for wrongfully injured clients. They can guide your San Jose uninsured motorist accident claims process and help you receive full compensation.
Can I Hold an Uninsured Motorist Responsible After an Accident?
As mentioned, you are not required by law to carry UM or UIM insurance. However, it is still a good idea to spend the few extra dollars per month to protect yourself. Having UM/UIM coverage will be very useful in the event of an accident involving an uninsured or underinsured motorist. Unfortunately, those who are driving without car insurance are most likely doing so because they cannot afford it. For this reason, it will be difficult to obtain any compensation against an uninsured driver. In some cases, when there are certain assets and other valuables in the uninsured motorist’s name, these assets can be pursued by your attorney in order to help pay for your damages. Unfortunately, uninsured drivers rarely have assets or much cash and going after an individual uninsured motorist is often a waste of time. The same is true when you are injured by a negligent driver who is “underinsured” — meaning they have insurance policy limits that are too low to provide full compensation for you.
Even if you did not have UM/UIM insurance, there are options that you can still pursue after being injured in a San Jose uninsured motorist accident. For example, you may be able to sue the company that an uninsured motorist works for if he or she was driving a company vehicle or acting within the scope of his or her duties at the time of the accident. An experienced car accident attorney can help you explore your options after a California uninsured motorist accident.
What Happens When I File a San Jose Uninsured Motorist Accident Claim?
If you have UM/UIM coverage, this policy only applies when the person who hits you flees the scene and is not identified or when the at-fault driver is uninsured/underinsured. In the event that the other driver does not carry enough insurance, your UM/UIM coverage must be larger than the limits carried by the underinsured driver. You will have to prove that you received the maximum allowed by their policy limits before you can ask for UIM coverage under your own policy. This is why you should purchase at least $100,000 in coverage (more if you are able). Additionally, working with an insurance company — whether yours or the other driver’s — can be a long, tedious and difficult process. All you want to do is put the incident and injuries behind you and move on with your life. This is hard when an insurance company attempts to deny coverage or offers you a settlement that is less than you deserve.
There are a variety of factors that go into drafting an uninsured motorist accident claim, including determining economic and non-economic damages. Economic damages are tangible losses including lost wages, property damage and medical bills, while non-economic damages include subjective damages such as pain, suffering and emotional distress. After an uninsured motorist accident, many people are left with extensive bills that are not covered by their settlement with the negligent driver. The San Jose uninsured car accident lawyers at Bohn & Fletcher can draft a strong case plan that can help ensure that this does not happen to you.
Have Questions About Your Uninsured Motorist Claim? Call Today
At Bohn & Fletcher, we provide highly-personalized service to each of our clients. Our San Jose uninsured motorist accident lawyers have years of experience and a proven record of success when it comes to UM and UIM claims. Attention to detail is paramount in order to build a strong case. We will not rest until every aspect of your claim has been investigated.
After suffering injuries in a car accident, all you should have to focus on is getting better. Dealing with insurance companies simply adds stress to the situation and hampers your overall recovery. Let us help take some of the weight off your shoulders. We will do everything in our power to get your San Jose uninsured motorist accident claim or lawsuit settled in a satisfactory manner. Call (408) 556-9780 or contact us online to schedule a free case review today.