Driving your automobile without car insurance is not only irresponsible, it's also against the law. Under California law, all drivers must have a minimum amount of car insurance so that, if they hurt another driver or passenger, money will be available to pay for that individual's medical care.
Sometimes, however, an insurance policy is not sufficient to pay for both you and the other driver's injuries. Alternatively, if the other driver is at fault, his or her insurance might not be sufficient to pay for your injuries. When this happens, you have what personal injury lawyers call an underinsured or uninsured accident claim.
Let's say you and your family were driving home from the movies one evening. Another vehicle slams into the side of your car. Everyone survived, but not without serious injuries that require emergency medical care. The financial costs are exorbitant, and when you try to get compensation from the other driver's insurance company, the insurance company refuses to pay you benefits.
This describes the problem of an underinsured or uninsured accident claim after an insurance company refuses to pay benefits to you. Insurance companies in these cases, however, might not be interpreting the policies correctly. Alternatively, if the other driver's insurance is indeed insufficient to pay for your injuries, then it may fall on your own insurance company and your uninsured or underinsured motorist coverage to pay for your medical care and property damage.
At Sullivan & Sullivan, we regularly assist our clients in determining if the insurance company has made an error in interpreting their insurance policies. If an error has occurred, we can help you assert your legal right to compensation as per the express language of your insurance policy.