This form for use in litigation against an insurance company for bad faith breach of contract. Adapt this model form to fit your needs and specific law. Not recommended for use by non-attorney.
Motorist Uninsured Accident For Fault In Oakland
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State:
Multi-State
County:
Oakland
Control #:
US-000279
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FAQ
Always File a Claim, Regardless of Who Was At-Fault One of the primary questions we receive from clients who have been in an accident is whether they should report the accident to their own auto insurance carrier, particularly when the accident was not their fault. And the answer to that question is: always.
It may be better to file a claim with your own insurance company if you have uninsured motorist coverage. Unless the at-fault driver is stable financially or has well-off parents or guardians and can afford to cover your damages in full, you may want to avoid the unnecessary trouble of suing.
California law requires that insurance companies offer uninsured motorist coverage. If you are in an accident with an uninsured driver, you can file a claim under your own policy's uninsured motorist coverage if you have it. You can also sue the uninsured driver for your damages.
If a driver does not have insurance, they may face serious penalties, such as fines, license suspension, or even jail time. They may also be sued by the other driver or their insurance company for the damages they caused in the accident.
What Should I Do After an Accident If I'm Uninsured? Call emergency medical services if anyone seems to have suffered significant injury. Call local law enforcement to the scene. Exchange information with anyone involved in the accident. Be careful what you say at the car accident scene.
Policy limits: Uninsured motorist coverage comes with limits, just like other insurance coverages. Severe accidents might exceed these limits, leaving you with uncovered expenses. Claim disputes: There might be disputes over the extent of your coverage and the amount you can claim, leading to potential legal battles.
However, under California's proposition 103, insurance companies are not allowed to raise rates or drop a person because they made an uninsured motorist claim.
While the vast majority of states, excluding Virginia and New Hampshire, require that all motor vehicle operators carry minimum limits of auto insurance coverage, an uninsured driver will not automatically be found at fault and liable for a car crash.
More info
Dealing with an uninsured motorist after a car accident can become stressful and confusing. Contact Ben Crump Law, PLLC, today.Uninsured motorist accidents should be investigated similarly to any other automobile accident. First, you need to confirm that the other party involved in the accident has no insurance coverage for your injuries. Call 9-1-1 immediately to report the collision to the police or California Highway Patrol (CHP). You must show your driver's license, vehicle registration card. Our Oakland uninsured and underinsured car accident lawyers can help you understand your legal options for compensation after a crash. Uninsured (UM) or underinsured (UIM) motorist insurance covers your injuries and damages in an accident with an uninsured driver. Prop 213 prevents drivers injured in a car accident from obtaining damages for their pain and suffering even when the accident was not their fault. You will likely file a claim with the atfault driver's insurance company shortly after the accident.