If you are hit by an uninsured driver and do not have uninsured motorist coverage as part of your car insurance, you may be out of luck. You will either have to pay for your own damages, which could be extensive if you suffered serious injuries, or you will have to take the uninsured driver to court.
A San Francisco uninsured car accident lawyer can help you hold an uninsured at-fault driver to account for your injuries and any property damage. Contact Ben Crump Law, PLLC for help and advice today at 800-959-1444.
Steps You Can Take After a Crash with an Uninsured Driver
After you suffered injuries and property damage in a crash with an uninsured driver, you can take the following steps to try to receive compensation for your damages:
Contact Your Insurance Company
As soon as you can after an accident, you should contact your insurance company to tell them that you suffered injury and damages in a crash with an uninsured driver. Depending on your car insurance policy, you may have uninsured motorist coverage, which may cover you up to a certain amount in accidents with an uninsured driver.
Collect Your Evidence
If you managed to get any pictures of the accident scene and vehicles, keep them safe as they may serve for evidence in the future. Likewise, if you have any names and contact details of witnesses that saw the accident, store them in a safe place. We also recommend that you keep any evidence together with medical reports of your injuries, medical bills, and receipts of any other expenses you had in connection with the accident.
Consider a San Francisco Uninsured Car Accident Lawyer
If you have uninsured motorist coverage, you may think that contacting a lawyer is unnecessary. However, consider that your insurance may not necessarily cover your claim. Even if your insurance agrees to settle your claim, there is typically a ceiling to an uninsured motorist claim. If you have suffered from extensive or life-changing injuries, the coverage may be too low to compensate you adequately. Contacting a lawyer can also protect you from accepting any lowball settlement offers that may waive your rights to legal action.
For a free legal consultation with a uninsured car accidens lawyer serving San Francisco, call 800-959-1444
Uninsured Car Accident Lawsuit
According to the California Department of Insurance (CDI), all drivers must carry a minimum liability policy for their cars. Regardless of the law, you will also have to prove that the other driver was at fault for your accident in order to recover compensation. A San Francisco uninsured car accident lawyer can help by investigating the collision.
In order to recover compensation in a personal injury lawsuit, you will have to prove the following elements of a personal injury claim:
- The other driver owed you a duty of care.
- The other driver breached the duty of care.
- The breach caused your accident and injuries.
- You have damages as a result.
Proving negligence and fault can be relatively straightforward if the at-fault driver was breaking a traffic law, driving intoxicated, or speeding at the time of the accident, to name just some examples of negligence. If you can prove that the at-fault driver behaved negligently, you may recover compensation.
San Francisco Uninsured Car Accidens Lawyer Near Me 800-959-1444
Compensation in Uninsured Car Accidents
In an accident with an uninsured motorist, you may have the option of recovering compensation from your insurance and the uninsured motorist. Compensation you could receive can include economic as well as non-economic damages, including:
- Medical bills and future medical bills
- Lost income and future lost income
- Rehabilitative treatments
- Medical equipment
- Property damage
- Emotional and physical pain and suffering
- Loss of life quality
- Loss of a sense
- Loss of a limb
You could also receive additional compensation in a car accident claim. If the uninsured driver acted maliciously and recklessly in causing the accident, you could also recover punitive damages.
However, in order to have a chance at recovering a settlement, you need to act in good time. The California Code of Civil Procedure, Section 335.1 sets a timeframe of two years for personal injury lawsuits. This means that if you do not file your lawsuit within two years of the accident, you may not be able to recover any compensation. Your San Francisco uninsured car accident lawyer can help you comply with this deadline.
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California Statute of Limitations on Uninsured Car Accidents
When you experience an accident with an uninsured driver or when you have a lapse in your own coverage, you can seek the legal assistance of a lawyer. One of the ways they can help your case is by making sure you comply with the statute of limitations for filing a lawsuit.
According to the statute of limitations CCP section 335.1, you generally have two years after the accident to file a personal injury lawsuit. This may feel like a long time, but you want to give your lawyer as much time as possible to investigate your case.
You can call Ben Crump Law, PLLC as soon as possible to begin working on your case. Let a lawyer handle all the legal aspects, including complying with deadlines, as you recover from your injuries and focus on your health. Call us at 800-959-1444.
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Ben Crump, PLLC Can Help
You may be distraught to find out that the at-fault driver had no car insurance, especially if you suffered extensive or life-changing injuries and the bills are spiraling out of control. You may also be worried about whether you have any chance of recovering your due at all. We fully understand those concerns. However, do not lose hope. We can tackle even tough cases. Some of the ways in which we could assist you can include:
Assessing Your Insurance Coverage
We can analyze your coverage for uninsured motorist coverage to determine whether you could receive a settlement from the insurance. We can also contact your car insurance adjusters and potentially negotiate a settlement on your behalf. It can be important to have legal representation, as insurances may deny your claim or offer an insufficient settlement amount.
Building Your Case Against the At-Fault Driver
We can also, at the same time as assessing your insurance cover, build your case against the at-fault uninsured driver. This can include collecting evidence as well as interviewing witnesses, and consulting with expert witnesses, if necessary. We can deal with all the legal technicalities and paperwork, leaving you free to heal from your injuries.
If you are worried about any additional stress and potential bills that a lawsuit could bring, we want to put your mind at ease. You do not have to worry about anything as we can take charge of your entire lawsuit. We accept cases on a contingency basis, which means there are no upfront lawyer’s fees for you.
Contact Ben Crump Law, PLLC now to find out how we could help you receive compensation for your injuries. Reach us at 800-959-1444.
Call or text 800-959-1444 or complete a Free Case Evaluation form