Any car accident that causes injuries creates a difficult situation to recover from. Matters become even more complicated when an at-fault party has insufficient insurance or no insurance at all. How will you get the money you need to pay for your medical bills, lost wages, and other damages?
That is where our Sacramento uninsured/underinsured motorists lawyer comes in. You may be eligible to collect uninsured or underinsured motorist coverage through the insurance company. Triumph Law is one of the top personal injury law firms in Sacramento, and we are here to help you understand all of your compensation options.
Your Sacramento car accident lawyer has over two decades of experience negotiating with big insurance companies for fair settlements for our clients. We are not afraid to take them to court.
Contact our legal team by phone or through our quick contact form today to schedule a 100% free consultation.
Will My Uninsured/Underinsured Motorist Insurance Claim Cover All My Damages?
Your Sacramento personal injury lawyer with Triumph Law will do everything possible to maximize your compensation. Your compensation through your uninsured or underinsured motorist claim will depend on the types of coverages and maximum amount of coverages purchased by the policyholder.
The insurance company is also only required to pay out for certain types of covered losses as described in the insurance policy. This means the insurer may pay for a portion of your medical bills, property damages, and perhaps loss of income, but not anything else. Any remaining damages will need to be sought after when you pursue your personal injury lawsuit against the uninsured or underinsured driver who hit you.
How Uninsured/Underinsured Motorist Claims Work in California
Uninsured/underinsured (UM/UIM) motorist coverage is for accidents that are caused by a driver who does not have auto liability insurance or whose liability insurance does not fully cover the damages. The state of California requires the provision of UM coverage for auto liability policies as described by the California Department of Insurance, although it can be voluntarily declined in writing. Types of UM/UIM coverage available in California include:
- Uninsured motorist bodily injury
- Uninsured motorist property damage
- Underinsured motorist
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How Long Do I Have to File an Uninsured/Underinsured Motorist Claim?
It depends on how long the insurance company gives claimants to file claims. When you are filing a claim with the insurance company, the insurer has the authority to determine how long claimants have to get their claims in. Some profit-hungry insurance companies will give injury victims just a matter of hours to file their claims.
Others follow less strict guidelines and may allow claims to be filed as much as 30 days after the accident. It is important to keep in mind that uninsured/underinsured motorist claims do not follow the two-year personal injury statute of limitations as described under California Code of Civil Procedure §335.1. However, in either case, if you missed the deadline, you may lose the right to recover compensation for your losses.
How Will Partial Liability Affect My Settlement?
Partial liability could have a significant impact on your uninsured/underinsured motorist settlement. California follows pure comparative negligence laws, so fortunately, under California Civil Code 1714, you will still be able to recover compensation for your damages if your claim is successful. However, your portion of liability will be taken out of the compensation you are awarded.
For example, if the uninsured or underinsured motorist who hit you is responsible for causing the accident, but you were driving 5 mph over the speed limit at the time of the collision, the judge might find you 5% liable for your injuries. This would mean instead of receiving the full 100% of your award, you would only recover 95% of whatever you were awarded. The greater your portion of liability, the lower your settlement will be.
How Much Does It Cost to Hire a Sacramento Uninsured/Underinsured Motorists Attorney?
The cost of hiring a legal representative to help you through these trying times should not hold you back from the compensation you deserve. For this reason, our legal team works for our clients on contingency. You pay nothing out of pocket or anything for our efforts until we win your case.
Our no-win, no-fee guarantee is written in accordance with Rule 1.5 Fees for Legal Services of the State Bar of California, so only a percentage of your settlement will cover our Sacramento uninsured/underinsured motorists attorney’s fees if we recover compensation in your case. The complexity of your uninsured or underinsured motorist claim will determine the specific contingency fee before we get started. This way, you will know exactly what to expect from the start.
If I Get a Settlement from My Uninsured/Underinsured Motorists Claim Will I Have to Go to Court?
Even if you get an uninsured or underinsured motorist claim from the insurance company, you may still need to go to trial. Unfortunately, though you may have hoped to avoid going to court, the truth is that insurance settlements are often not enough to cover the total value of an injury victim’s losses. Thankfully, your Sacramento catastrophic injury lawyer can help you maximize your settlement by moving forward with a claim in civil court.
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Your Triumph Is Our Triumph. Contact an Uninsured/Underinsured Motorists Lawyer in Sacramento for Help Today
To collect from a UM/UIM policy, you must have been struck by a vehicle. However, you do not need to be in a vehicle. You could be outside the car looking under the hood or pumping gas. UM/UIM coverage is also available for pedestrians who are walking, bicycling, skateboarding, or even sitting on a bench.
The key to recovering compensation from a UM/UIM policy is establishing, with the help of an uninsured/underinsured motorists lawyer in Sacramento, that the liable party either has no insurance or does not have sufficient insurance to cover the costs of your injuries.
Call Triumph Law now to speak with our experienced uninsured/underinsured motorists attorney in Sacramento. Or fill out our quick contact form and we will be in touch to schedule your free, no-obligation consultation as soon as today.