Uninsured & Underinsured Motorists

Call Our Monterey Car Accident Lawyers Today

Our law firm of SWARTZ & KENNEDY has been helping clients who have suffered injuries through no fault of their own since 1974. We believe that those who have been injured deserve justice and compensation for the damages they have sustained, but we also understand that justice isn’t always guaranteed and sometimes needs to be fought for. We’re the advocates who are there for you, and may be able to help you secure the outcome to your case that you need. We not only fight for you, but we develop and maintain a close relationship with you, which makes our motivation to see you succeed personal as well as professional. This is one of the keys to our success which has allowed us become one of the foremost car accident injury law firms in the area!

We’ll take care of the hard work so you can focus on your recovery! Call us at (831) 373-3235 today and request a case evaluation.

Uninsured Motorist Protection

In California, all drivers are required to carry a minimum amount of insurance — $15,000 per person/$30,000 per accident. It is referred to as a 15/30 policy limit or minimum coverage. This amount is the limit of insurance coverage to pay anyone injured due to the insured driver’s negligence. While any driver can choose to purchase insurance limits greater than the minimum coverage, not all drivers purchase even the minimum. Some drivers do not pay their premiums and the insurance is cancelled or the insurance lapses and is not renewed. In these cases, there is no insurance for the negligent driver to pay for the injured party’s damages. Usually a person that is uninsured does not have any assets to recover.

How many drivers are out there on the road without insurance? A few hundred? Few thousand? The truth is most drivers don’t realize just how many motorists are on the road without insurance coverage. According to Insurance Information Institute statistics from 2015, approximately 15 percent of drivers in California don’t have insurance. That’s a little more than one out of every seven motorists!

So, what can you do to protect yourself from these drivers? The answer lies in uninsured motorist insurance. Uninsured motorist coverage can be added to your own policy and covers you in the event that a driver who is liable for your accident does not have their own insurance to cover your losses. According to California Insurance Code §11580.2, you are permitted to file a claim against your own insurance policy if the driver responsible for your accident does not have their own insurance policy. As long as you have uninsured motorist protection, your insurance should pay up to the policy limit of the victim’s coverage.

Underinsured Motorists

Underinsured motorists are those which have insurance for the damages they cause, but their protection is inadequate to fully compensate you for the injuries and other damages you have suffered. This insurance functions similarly to uninsured motorist coverage, only it’s used as a supplement to the damages that the other party’s insurance will pay for.

For example, if you’re involved in an accident and suffer $30,000 in damages, but the person liable only has insurance that will cover you for $25,000, you can file an underinsured motorist claim and your policy should cover you for the remaining $5,000.

Representing You Against Insurance Companies

In many cases, finding the applicable insurance coverage of the negligent driver is complex. There may be insurance for the negligent driver, a different insurance for the registered owner of the vehicle driven, and your own uninsured or underinsured insurance coverage — all of which may be available to compensate you for your damages. It may seem like identifying the applicable insurance to recover compensation for your damages is an impossible task that you may never be able to achieve. However, with a Monterey car accident attorney from our law firm on your side, you can trust that your best interests are in good hands.

While your insurance is responsible for being there to protect you financially, companies are in business to make money, and will often look for any way they can to avoid having to pay out on claims. When you’ve been injured, you can’t afford to be given the runaround or wait day in and day out for them to make a decision. We do everything we can to hold insurance companies accountable and make sure they pay you every dime that they are liable for.

Please call us at (831) 373-3235 to schedule a case evaluation and begin your claim.