The state of California mandates car insurance for every driver, according to the California Department of Insurance. If a driver fails to produce adequate insurance coverage, they can incur fines and face a suspended license and even an impounded vehicle.
If you have suffered injuries in an accident with an uninsured driver, you may have the ability to file a lawsuit in order to recover your financial losses and bills. A Los Angeles uninsured motorist lawyer with Pintas & Mullins Law Firm may handle your case. Call us for a free case consultation by dialing (800) 794-0444.
If you were in a crash with an uninsured motorist, you can take action by calling your insurance company to find out whether you have uninsured motorist coverage. This type of insurance can give you some protection if you got into a crash with an uninsured driver; however, there are limits to any coverage, and those limits could be quite low. If you have extensive injuries and property damage, uninsured motorist coverage may only cover some of your costs.
It could be in your best interests not to agree to any settlements, as you may not yet be fully aware of the extent of your losses, such as your physical injuries. Additionally, insurers could deny your claim altogether. Before or after you decide to file a lawsuit against a negligent party, you have the right to legal representation from a Los Angeles uninsured motorist lawyer before settling with any insurances or signing any documentation. Retaining a lawyer may help you accurately evaluate your losses related to the accident.
Filing a Personal Injury Lawsuit
If you have suffered injuries and property damage in an accident with an uninsured or underinsured driver who is at fault, you may be able to file a personal injury lawsuit in order to get justice and compensation, particularly if you do not have uninsured motorist coverage and your injuries are extensive.
If you are thinking of going the legal route, contacting a Los Angeles uninsured motorist lawyer as soon as possible may help you get started on the legal process while also focusing on your recovery. Do not delay if you are thinking of filing suit; California’s Code of Civil Procedures §335.1 generally limits the time in which you can file a personal injury lawsuit to two years, starting with the date of the accident.
For a free legal consultation with a Uninsured Motorist Accidents Lawyer serving Los Angeles, call (800) 794-0444
Compensation for Car Accidents
If you are considering filing a personal injury lawsuit against the uninsured at-fault party of your car accident, you might be wondering what types of compensation you could get.
Compensation largely depends on the severity and types of injuries and property losses you suffered in the accident and will be unique for your individual case. Potentially, you could receive the following types of compensation, as well as others, with a personal injury lawsuit:
- Loss of income and future income
- Medical treatment and future medical expenses
- Property loss and damages
- Pain and suffering
- Emotional anguish
- Loss of enjoyment
While these are some of the typical compensatory awards in personal injury cases, your compensation depends on your individual case.
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Proving Fault in Uninsured Motorist Accidents
Proving fault in any car accident can challenge victims while they recover from their injuries. Someone driving without car insurance has already broken the law, which could give you an advantage with proving their fault. Along with police reports, medical records from immediately after the crash can also help establish fault.
In California, in order to have a personal injury case against an at-fault driver, you must clarify several points, including:
- The defendant’s duty of care: A car driver generally has a duty of care to other road users.
- Breach of duty: A negligent car driver breaches their duty of care by driving recklessly or dangerously.
- Causation: The breach of duty has to have caused the plaintiff’s injuries.
- Preventing foreseeable harm: The defendant should have foreseen that their actions could cause harm.
- Damages: The plaintiff has losses as a result of the accident.
Evidence must substantiate each of these points, so the more records you keep regarding your accident, the better. Following up with doctors’ appointments, for example, may help you establish damages.
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Your Los Angeles Uninsured Motorist Lawyer May Help
Getting injured in a car accident can be painful, stressful, and costly. When you then find out that the other driver was uninsured, leaving you unable to claim sufficient amounts to cover any of your medical bills, or for having your car fixed, you might understandably feel frustrated.
You should not have to be in this situation. If you have suffered extensive injuries, lost income, and lost a car as a result of the accident, we understand that you could face a mountain of bills. Sometimes, injuries need medical treatments for years after an accident. We want to see if we can help you build a case against a negligent uninsured driver.
We tackle tough cases, and you do not have to worry about any out-of-pocket costs as we will not charge attorney’s fees unless we win your case. Tell us about your accident and find out how we could help you get justice and compensation. Call Pintas & Mullins Law Firm at (800) 794-0444.