Uninsured / Underinsured Motorists

San Jose Uninsured & Underinsured Motorist Attorney

Representing People Throughout Santa Clara County

California Vehicle Code Section 16056(a) requires that all motorists carry insurance covering accidents with their motor vehicles. The minimum insurance coverage in California is $15,000 for personal injury or death of one person, $30,000 for personal injury or death of two or more persons, and $5,000 for property damage. Most drivers are responsible and carry insurance coverage in case they are involved in an accident.

However, some drivers are not so responsible. There are far too many drivers on the road who are completely irresponsible and carry no insurance at all. Other drivers carry insurance coverage, but it is unfortunately the minimum insurance coverage required by law. If you are involved in an accident with someone like this, it is you who will be paying the price for their irresponsibility.

State Insurance Minimum Requirements

The Uninsured Motorist Act is set forth in California Insurance Code Section 11580.2 – 11580.5. The purpose of the Uninsured Motorist Act is to provide insurance coverage to protect and compensate victims of accidents who are injured by another driver who is not insured or does not have adequate insurance. Auto insurance policies are required to include uninsured and underinsured motorist coverage under California Insurance Code Section 11580.2(a)(1). Uninsured and underinsured motorist coverage must meet the same $15,000 / $30,000 / $5,000 minimum requirements as a driver’s liability insurance that covers damage to others. Although these are the minimum requirements, we highly recommend getting much higher coverage, as much as you can realistically afford. If someone else causes a collision and cannot cover the damage that they caused, you will be glad that you have the additional coverage.

Recovering Expenses After a Collision

The first source of recovery in the event of a motor vehicle accident is the at-fault driver’s insurance. If the other driver has no insurance or it’s insufficient, then the injured party will pursue an uninsured or underinsured motorist claim through their own insurance policy. The bare minimum insurance coverage required in California cannot cover the injuries and damage sustained by another driver in many cases. Uninsured motorist coverage will provide a source of recovery for an injured motorist where the at-fault driver did not have any insurance coverage. Underinsured motorist coverage provides protection where the at-fault driver did have insurance, but where their insurance coverage is insufficient to compensate the victim for their injuries and other damages.

Although it’s your own insurance company, they are not going to be any more happy to pay compensation to you than the other driver’s insurance company would be. Because of that, you need to have an attorney on your side who can seek maximum compensation from your insurance company through the uninsured or underinsured motorist process. These types of claims can frequently be settled with the insurance company. However, in some circumstances, it becomes necessary to engage in an arbitration process, which is required under the terms of the policy. Whether the claim is settled or needs to be arbitrated, it will be necessary to retain an attorney to handle the process and get the best results possible.

Schedule a Complimentary Consultation

The Law Office of James C. Suits II will pursue maximum recovery from your insurance carrier through the uninsured or underinsured motorist claim process. Our job is to do all the hard work so that your involvement will be as simple and easy as possible. Feel free to call our office to speak directly with Mr. Suits who personally handles all of his consultations. Mr. Suits will take whatever measures are necessary to seek maximum compensation, communicate frequently with you, and make sure you understand everything that is being done through the entire process.

Please give our San Jose office a call at (408) 479-7622 today to discuss your accident and how recovery can be pursued under your uninsured or underinsured motorist policy. We look forward to speaking with you and helping you quickly resolve your claim.