Uninsured Motorists Attorney in Santa Ana, California

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An uninsured motorists claim falls into two categories. One is a case where the car accident was caused by a motorists who did not have sufficient liability coverage to address the damages caused by your injuries. Unfortunately the law in the State of California only requires that people carry the minimum liability insurance in their automobile policy which is a 15/30 policy. This means $15,000.00 for each individual and $30,000.00 cumulatively for two or more injuries caused by their negligence. Unfortunately your damages in the form of medical care, pain and suffering, loss of wages etc. may well exceed $15,000.00. In this case the insurance company often will simply tender their policy limits to settle the claim and protect their insured. Your attorney should perhaps do an asset investigation of the party who caused the accident to see if they have or own sufficient assets well and above the $15,000.00 of their coverage. In such a case you and your attorney pursuing damages beyond the policy. In any event it is critical that in your own policy that you carry a sufficient coverage to deal with accidents where the other person is completely uninsured or as an example above carried an insufficient coverage.

I recommend to virtually all my client that they spend a few extra dollars a month to have sufficient uninsured or underinsured motorists' coverage. The amount of such coverage will always depend upon your individual circumstance of course. If you are involved in an accident it is very important that you look at your own liability declarations page of your policy to find out what your coverages actually are in terms of uninsured or underinsured motorists as well as medical payments. Medical payments coverage in your policy are there to pay for your medicals regardless of whether the accident was the result of your fault or the fault of another party. If you have a primary health insurance the coverage under what is called Med-Pay can be used to supplement the health insurance coverage which you use as your primary insurance and the Med-Pay as your secondary. Of course one of the most important documents addressing liability in an auto accident is the policy report. However liability is not completely determined by the police report. Additional evidence such as witnesses are very important to determine liability. The physical evidence such as the damage to your car and the cost of repairs is also an important additional item that is taken into account to determine the size of your potential claim and recovery.

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