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When Can an Attorney File a Claim with the Victim’s Car Insurance Company?

Posted on behalf of Arnold Law Firm in
two-guys-shaking-hands-insurance-paperworkAfter a car accident, the victim usually files a claim with the at-fault driver’s insurance company. In California, the at-fault driver is financially liable for the victim’s damages. However, you may have purchased additional coverage for your own damages within your insurance policy. When is it appropriate to file a claim against this coverage? The Sacramento car accident attorneys of The Arnold Law Firm can discuss financial responsibility in car accidents and whether filing a claim with your own insurance company is relevant. If you were injured in a car accident, you can discuss your options for pursuing compensation in a free, no-obligation legal consultation.

California Law on Financial Responsibility for a Car Accident

California is a tort state, also known as a fault state. This means that in a car accident, the person who is found to be at fault is liable for damages. California requires that drivers carry minimum insurance coverage, though drivers can purchase higher amounts if they choose. State minimum car insurance coverage are as follows:
  • $15,000 for injury or death of a person
  • $30,000 for injury or death of multiple persons
  • $5,000 for property damage
This minimum coverage is quickly exhausted in the event serious injuries were sustained. If multiple people were involved in the collision, the at-fault party’s coverage may not be sufficient to fully pay your claim.

Uninsured/Underinsured Coverage

California auto insurance providers are required to offer uninsured/underinsured motorist coverage, which provides you with coverage if the at-fault driver’s coverage limits are not enough to pay your expenses. However, you are not required to purchase this insurance. If you hold uninsured/underinsured motorist coverage, you may be able to file a claim with your own insurance provider for accident-related damages. This coverage can provide compensation for medical bills, vehicle damage, and some other expenses, up to the limits of your policy.

Collision and Comprehensive Coverage

Drivers can also carry collision and comprehensive insurance. Collision covers damage to your vehicle in the event of a moving vehicle collision, usually involving another vehicle or an object, such as a fence or tree. Comprehensive insurance covers non-collision damage (as defined by your policy), such as a tree falling on your car, hail, vandalism, or theft. Many drivers carry additional motorist coverage, because they financed their vehicle and this coverage is required by the lender. Even if a lender does not require physical damage/collision coverage, insurers are required to offer it.

Why You Should Contact a Lawyer

Generally, accident victims who hire an experienced lawyer recover more compensation than those who do not. One of the main reasons is an experienced lawyer has extensive knowledge about pursuing insurance compensation. The lawyers at our firm are prepared to explore the details of your own coverage to determine if you can file a claim with your auto insurance provider.

Call Our Trusted Attorneys for Help After an Accident

If you were injured in an accident, navigating the insurance claims process can be quite difficult on your own. Work with an experienced attorney with a history of results. We help our clients focus on their recovery by managing the legal process on their behalf. Request a free, no-obligation consultation with our licensed Sacramento car accident lawyers. We charge no upfront fees, and payment is only due if we recover compensation for you.

Call (916) 777-7777 or complete our Free Case Review form.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.