Despite the state's laws requiring all drivers to carry motor insurance, there are a significant number of cars on the road being driven by motorists that are uninsured or underinsured. In California, it is estimated that one out of every six drivers on average does not have adequate insurance to cover damage in the case of an accident. While this may seem as though it can only hurt their situation, others may be affected by their lack of insurance. If they are the cause of an accident, they have no coverage to pay the other driver and this will in turn create a greater cost for the innocent victims of that accident.
This unfortunate reality is the cause of what some insurance policies refer to as uninsured motorist coverage. This clause is included in almost every motor insurance police that is sold in the state of California to provide drivers with the security they need in the event that an uninsured or underinsured driver causes a car accident.
When a driver is uninsured, it is doubtful that they are completely blind to the great cost they carry as a result of their lack of coverage. Most uninsured or underinsured drivers know that they're actions can create great losses for themselves and others. Despite this fact, they still choose to go on without coverage, whether for personal or financial reasons. However, when an accident does occur, they suddenly realize that they do not have the means to take responsibility for the damage they cause. As a result of this, many uninsured or underinsured drivers are the same drivers that flee the scene of an accident, as in hit and run accidents.
Fleeing the scene of an accident is actually a criminal offense. Unfortunately, this is little deterrence for the hundreds of hit and run drivers in California every year. While they are often caught later on, their lack of insurance to cover the damage does not change the fact that the victims of their actions are left with no compensation. It is situation like these that have made uninsured motorist coverage a necessity for drivers across the state.
Most people believe that motor vehicle insurance only covers them when they are a driver or passenger in a vehicle. While this is true in most cases, the uninsured or underinsured motorist clause in an individual's coverage policy does not necessarily require the person to be in a vehicle in order to qualify for the coverage. This means that even when a pedestrian is the victim to a pedestrian accident caused by an uninsured driver, their uninsured motorist coverage may still apply to them.
In order to benefit from an uninsured motorist coverage clause, there are several factors that must be true about the incident. This special coverage is activated whenever a policy holder is injured by another driver whose coverage is either inadequate or nonexistent, meaning the damages caused are greater than the coverage of the driver who caused them. The coverage will only apply if the injured person's uninsured motorist coverage is greater than the liability limits of the driver that caused the damage. For example, if a driver causes an accident but his insurance coverage is limited at only $20,000 per person and the victim carries uninsured motorist coverage includes $75,000 per person, than any outstanding costs caused by the driver's actions and not covered by his own insurance will be covered by the victim's own insurance policy for such situations.
Although one may carry coverage for an incident caused by a driver without insurance to pay for damages, the process of filing and claiming that uninsured motorist coverage can be long and complex. In some cases, it may even require the victim to go as far as litigating the claim in order to prove eligibility to recover compensation from the coverage. The tedious nature of such claims often deters injured victims from even seeking out the coverage, meaning that they are left facing the costs of the accident with no assistance. However, the coverage is a part of that person's insurance policy for a reason and to leave it untouched simply because it is a complicated process is simply unnecessary.
The San Fernando Valley personal injury attorneys at The Law Offices of Gerald L. Marcus are here to assist such persons with filing a claim including uninsured motorist coverage. We take care of the hard work involved with filing and even litigating a successful claim so that victims of these unfortunate events can have the peace they deserve and receive the treatment they need without worry as to the cost. If you were injured by a driver who fled the scene of an accident or does not have the coverage your injuries require, contact a personal injury lawyers in San Fernando Valley and discuss your situation with them. We want to do what we can to ensure that you emerge from this difficult time successful and fully recovered.