Who Pays Your Bills If the Other Driver Is Uninsured or Underinsured?

If you’ve been in a car accident here in Victorville, CA and the other driver is at fault but does not have insurance, it’s natural to wonder how you’re going to pay the bills. There are a few options, and a car accident attorney can help you explore all of them as well as see whether a lawsuit brought directly against the at-fault driver is a good idea in your case.

Paying the Bills When the Other Driver Doesn’t Have Enough Insurance

California has a lot of uninsured drivers and drivers without enough insurance, and that’s why most people have Uninsured Motorist Coverage or Underinsured Motorist Coverage (UM/UIM) on their own insurance policies. This coverage will kick in if the other driver has no insurance, if the insurance isn’t enough to cover all your losses, or if you’re the victim of a hit-and-run.Is common to be reluctant to report an accident to your own insurer and claim from your UM/UIM policy out of fear that your insurance rates will go up. Rest assured that in most cases California law forbids insurers to raise your rates if you were not at fault for an accident.

Other Options

Your Own Health Insurance

Your own health insurance policy should cover a lot of the medical portion of your losses, after your deductible is paid.

Lawsuit Against the Driver

Talk to a lawyer about whether a lawsuit is feasible in your situation. Sometimes you can’t find the driver after a hit-and-run, in which case you won’t be able to bring a lawsuit. Even when the driver is known, many times the reason someone doesn’t have coverage is that they don’t have the money for it, and if they don’t have money for insurance coverage, they don’t have anything for you to take from them in a lawsuit. However, it’s always important to talk this over with your attorney because some people don’t have coverage just because they don’t want to get it, forgot to get it, or allowed their coverage to lapse.The law will not allow you to take the necessities of life from somebody in a civil lawsuit, meaning you won’t be able to take so much of their salary that they can’t live or force them to sell their primary home or vehicle. But if someone has a second home, investment property, or other types of property that the courts see as non-necessities, you may be able to bring a lawsuit, and the court may require them to sell this to pay at least some of your damages.

First-Party Insurance Claim

If your own insurer is not covering you according to the agreement you have with them, you may need to bring a first-party insurance claim against them in court.

Talk to a Victorville, CA Car Accident Attorney

If you’ve been in an accident with an uninsured or underinsured driver, call the Law Offices of Vondra & Hanna in Victorville, CA at 760-514-0344 for a free consultation to talk over your options.

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