Uninsured Motorist Car Accident Lawyer & Coverages

How To Successful Recover Losses After An Injury Accident With Someone Who Has No Insurance:

So you have been involved in a car accident, or some other type of accident and you were injured. You may be wondering if you should call and uninsured motorist car accident lawyer to discuss options and coverages. You are likely irritated it happened, wondering where how to navigate the insurance puzzle to get treatment for your injuries and other losses such as pain and suffering, lost wages, future medical care and other damages. You are probably thinking the insurance for the person who caused the accident will handle things (big assumption even if they have insurance) and then it happens. You call the responsible party insurance company and they tell you the other drivers insurance policy has lapsed. “Sorry, we will not be providing any coverage for this car accident”. Welp! Now what?

Alternate Types of Insurance May Cover Your Injures From An Accident.

Don’t panic. Despite the insurance for the other drivers saying no coverage, all is not lost. Let’s check and see what other types of insurance may cover your losses. First, do you have health insurance ? If so, that is a start, but not optimal as it will not cover lost wages, pain and suffering and may come with high deductibles, wait periods, approvals etc etc. But, something is better than nothing. Let’s look at alternate forms of insurance that may cover the other driver.

If he or she was driving for an employer at the time of the accident (think running an errand, deliveries or other activities for the benefit of an employer) then the employers car insurance may cover you for your accident related losses. This isn’t always easy to establish. In one case recently litigated by Phillips and Pelly in San Diego, the driver who struck our client, who was riding on a bicycle, never disclosed that she used the vehicle for deliveries to her business and was doing so at the time she hit the bicyclist. Through the discovery process, we were able to establish that the manner in which she used her vehicle did indeed attach to the business auto policy.

In other instances, the other driver may be borrowing someone else’s car and an accident occurs. The car owner policy may have expired, hence you will get a letter saying “Sorry, no coverage”. But, the search doesn’t end there. It may be that the driver has his or her own insurance policy, totally apart from the car policy, and that driver policy may attach to your injury claim.

Our attorneys routinely follow a number of avenues in determining if an accident responsible driver does or does not have car insurance. But, what happens if we go through all of that and indeed there is no insurance for your injuries?

Uninsured Motorist Claims Under Your Own Insurance Policy

The next available avenue of recovery may be under your own policy. Do you have uninsured motorist coverage ? Yikes! “Will it raise my rates??” I hear you saying. In 25 years of handling uninsured motorist car accident cases, I have never seen rates go up by simply using your policy. I tell clients rates are based on number of accidents that are your fault, DMW points, your zip code and other variables. Using a policy that you pay for monthly is not a calculation I have ever seen in rating a policy. That would be like paying for health insurance every month, breaking your leg and not going to the doctor because you don’t want to risk your rates going up. It doesn’t happen that way.

If you do have uninsured motorist coverage, what are the limits? It’s important to know as that is the maximum you can recover. (Hint: if you are reading this before an accident has occurred, get as much uninsured motorist coverage as you can afford – it doesn’t add much to your premiums – and you will be glad you did – if and when you need it)

Also, have the necessary procedures been followed to “perfect’ your uninsured motorist claim. The coverage doesn’t apply based on the adverse driver’s insurance company denying your claim. There are generally timelines and DMV filing that have to be satisfied. Contact our attorney’s in San Diego to discuss what may be necessary to ‘perfect’ your uninsured motorist claim. The Phillips & Pelly team handle this stuff all the time.

What Will Uninsured Motorist Insurance Cover?

The good news, if we get this far and determine if you have an uninsured motorist claim, is that your own carrier ‘steps into the shoes” of the adverse driver. This means that all of the damages you would have been entitled to recover from the other driver, had they been insured, at back on the table. For example, past and future lost wages, past and future medical bills, past and future pain and suffering and other losses may be recoverable in your case.

Will Uninsured Motorist Coverage Pay For Bikes Accidents? Pedestrian Accidents?

The answer is, maybe. It really depends on the policy you have. So, for example, if you were riding a bicycle or in a crosswalk and were hit by a driver who had no insurance, your policy may cover you. It really depends on the policy language. Some polices say that you, the injured person, have to be ‘occupying’ a vehicle at the time of the accident, other policy say that you, the injured person, have to be ‘involved’ in an accident with an uninsured motorist driver. The Phillips and Pelly team can help you here. Give us a call and let’s figure it out. It’s also a good idea to understand all types of coverage to make sure you have what you may need. Automobile Insurance Text Version (ca.gov) Don’t rely on other drivers to have enough insurance in an accident.

Let’s Get After It!

Don’t risk it alone. Navigating the insurance code, insurance laws and crafty adjusters can be a minefield. Don’t take the wrong step and blow up your claim. Give us a call at Phillips and Pelly and let’s start with a Free Consultation. Here is the link to our contact page: Contact | Phillips & Pelly (sdinjury.com)