San Francisco Personal Injury Lawyers

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San Francisco Uninsured Motorist Accident Lawyers

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Our San Francisco Bay Area Uninsured Motorist Accident Lawyers Help You Obtain The Compensation You Are Entitled To For Your Injuries Caused By An Uninsured or Underinsured Motorist

At The Hassell Law Group, our car accident lawyers are highly skilled at handling uninsured and underinsured motorist cases. We are ranked among the best car accident attorneys in San Francisco, and we have been advocating for our clients for over two decades. Our skilled legal team has over 100 years of combined legal experience, and we are dedicated to ensuring our clients receive the compensation they deserve and the best outcome possible.

  • Our undefeated trial and arbitration record on behalf of our clients speaks for itself – we are master negotiators and seasoned trial attorneys.
  • We know how to handle uninsured and underinsured motorist insurance claims.
  • There is no financial risk to you. We work on a contingency fee basis, so our clients owe us nothing for our services unless we recover money on their cases.

Our stellar results and client-focused approach has been recognized by Kev’s Best, TopVerdict, Super Lawyers, and Expertise.com.

Multi-Million Dollar Advocates Forum

Super Lawyers Award For Attorney Dawn Hassell - 10 years

Top 10 Motor Vehicle Accident Settlements in California Award 2022

What happens after an accident with an uninsured driver in California?

California drivers are required by law to carry a minimum amount of liability insurance. Specifically, drivers must have an auto insurance policy that covers up to $15,000 for bodily injury per person, $30,000 for injury per accident, and $5,000 for property damage. This is often referred to as 15/30/5 minimum coverage. These amounts are often insufficient to compensate for the injuries and property damage caused by negligent drivers in motor vehicle accidents.

Despite this requirement, approximately 16% of California drivers do not have car insurance. So, what happens if one of these uninsured motorists causes an accident? If you are injured in an accident with an uninsured or underinsured driver, you may be able to file a claim under your own auto insurance policy’s uninsured motorist or underinsured motorist coverage (UIM).

This is a type of insurance that pays your injury claim if your accident is caused by a driver without liability insurance, with insufficient liability insurance, or by a hit-and-run driver. California automobile insurance companies are required to offer this type of UIM coverage, but it is optional for drivers to purchase and include it in their policy.

What to do if you get hit by an uninsured motorist in California?

The initial steps after being hit by an uninsured motorist are similar to any car accident. Stay at the scene and wait for the police. The responding officer can provide a Traffic Collision Report for your insurance claim. You may want to move your vehicle out of the flow of traffic to prevent further accidents. However, this is not always an option.

It’s important to record all of the details you can while you are still at the scene of the accident and take photos of the accident scene, vehicles, and license plates if you can do so safely. Always seek immediate medical attention at the accident scene or immediately thereafter even if you think you are not injured. Not all injuries present symptoms right away. Many injuries including brain injuries and whiplash can take hours or days before symptoms appear. It is always best to err on the side of caution and get checked out at a hospital emergency room. Plus, medical records will be important for your insurance claim and any litigation which may later become necessary.

Your insurance policy likely requires that you notify them of any accidents that result in injury, death, or property damage. While you are required to report the accident to your insurance carrier, we do not recommend that you give a recorded statement to any insurance company, including your own, without your attorney present. You are not legally obligated to provide a recorded statement without your attorney present.

Collisions that result in injury or death must also be reported to the local police in the jurisdiction where the accident occurred or to the California Highway Patrol within 24 hours of the accident. However, it is best to notify the police immediately and before leaving the scene.

California also mandates that accidents are reported to the Department of Motor Vehicles within 10 days if the accident caused injuries or vehicle damage of more than $1,000.

Any claim you make to your insurance company will be reviewed based on documents like the police report, statements from witnesses, medical records, photos, and any video which may have recorded the accident as it occurred. As long as you are able and it is safe to do so, collecting evidence immediately after your accident can be helpful to your eventual car accident claim. Gather contact information from the driver and any witnesses, write down information about the other vehicle, make notes on details of the accident, and take photos of the scene.

Once your insurance company has reviewed your claim, they may offer you an initial settlement amount. Our attorneys will review this offer carefully because the goal of an insurer is ultimately to pay you the least amount of compensation to settle your claim. This is one of the many ways our experienced car accident lawyers can be helpful in an uninsured or underinsured motorist insurance claim. The Hassell Law Group attorneys have extensive experience negotiating with car insurance companies in a way that maximizes the benefit for our clients.

How do I sue an uninsured motorist in California?

Injured drivers have the option to file a lawsuit against the uninsured or underinsured driver that caused the accident. However, this is a complicated legal process. If the driver failed to maintain their car insurance due to the costs associated with premiums, it is unlikely they will have the financial means to compensate you for the injuries they caused. Wage garnishment may be an option if the other driver is employed, but this comes with its own set of challenges, as well. In some instances, uninsured drivers let their policies lapse for reasons other than financial insecurity, and it may be beneficial to file a lawsuit against them.

Careful consideration should be given to the advantages and disadvantages of filing a lawsuit against uninsured or underinsured motorists. The Hassell Law Group will help you explore all your legal options so that you can make an informed decision.

Does my uninsured motorist coverage cover pain and suffering in California?

Yes. Uninsured motorist coverage includes compensatory damages up to the amount of the policy limit, which will vary depending on the policy. This coverage often includes services like chiropractic, acupuncture, physical therapy, hospital bills, and other medical treatments necessary to recover from the accident. Property damage and lost income are also often included in these policies.

The stress of a collision in which the at-fault driver does not have the necessary insurance to cover your accident-related expenses can take a significant toll on you. Due to the added challenges of this type of accident and the trauma any vehicle crash can cause, uninsured and underinsured motorist coverage can also provide compensation for pain and suffering.

Pain and suffering from your car accident include physical and mental pain caused by the negligence of the other driver. These two categories of pain and suffering – physical and mental – include various types of injuries. For example, physical pain and suffering compensation claims can include:

  • Headaches
  • Muscle pain
  • Neurological pain
  • Any other temporary or long-term physical pain caused by the accident

Mental pain and suffering often include:

  • Cognitive damage or changes
  • Diminished quality of life
  • Depression
  • Anxiety
  • Post Traumatic Stress Disorder (PTSD)
  • Emotional Distress

While these are perfectly reasonable damages to seek compensation for in your claim, your insurance company may be reluctant to include this in their offer. That is why you need our aggressive and knowledgeable car accident attorneys with specialized experience in underinsured and uninsured driver accidents. We work diligently to achieve the best outcome for your uninsured motorist claim.

How much compensation can I get from an uninsured motorist claim in California?

If you have uninsured motorist coverage, the policy limits for this coverage are likely to be the same as your liability coverage limits. The minimum for California liability policies is 15000/30000/5000, as mentioned above. If you have only the minimum required totals, your uninsured motorist coverage may also be 15000/30000/5000 coverage.

The amount you receive from your insurance claim will depend on numerous factors – the severity of your injuries, the extent of property damage, and your policy limits, just to name a few. An individualized estimate cannot be made without examining the specific facts of your case. The Hassell Law Group has a dedicated team of legal professionals who will evaluate and analyze your unique case to provide an estimation of your potential claim amount.

While we will gladly speak with you about the potential compensation you may be entitled to, it is important to note that the maximum you can receive is influenced by your Uninsured or Underinsured motorist insurance policy limits. We can help you determine what coverage your auto insurance policy includes and how that may affect your claim.

For example, suppose your policy limits are set at $100,000 for bodily injury and $25,000 for property damage. In that case, this is the most you would be able to recover for the accident unless you also have some type of additional insurance coverage.

If you have health insurance, it will likely cover your medical care for your injuries. However, if your health insurance provider pays for accident-related medical care, the related expenses may need to be reimbursed with the compensation you receive from your uninsured motorist claim. Some health insurers however don’t subrogate. California’s insurer subrogation rule states that health insurance companies have a right to reimbursement from the proceeds of related car insurance settlements or awards, and this applies in some instances.

How long does it take to settle an underinsured motorist claim in California?

There are numerous deadlines and timeframes to consider when filing an underinsured or uninsured motorist claim in California. First, the injured driver has a time limit for filing a claim. After your accident, you must initiate action for benefits within a reasonable time, which is vague enough to make the deadline difficult to identify. We will work with you to file your claim promptly and ensure that you do not miss any filing deadlines. Policy provisions also dictate deadlines.

The insurance company has 40 days to make a decision on your claim. If they approve your claim and you accept their offer, they then have 30 days to send the payment.

This brief explanation may make the uninsured or underinsured motorist claim process seem straightforward and quick, but many factors can and often do influence the timeline.

Some factors that may extend the timeframe for settling your claim include the following:

  • The severity of your injuries
  • Dispute over fault for the accident
  • Delayed or slow communication by your insurer or your medical providers
  • Misunderstanding of policy terms or coverage
  • Unpaid deductibles

If a reasonable settlement cannot be reached with your insurance carrier, we will need to file an arbitration proceeding against your insurance carrier.

It is important to note that it is never wise to attempt self-representation or to negotiate with the insurance company on your own. Personal injury law is highly complex, and being represented by a skilled attorney is always advised. Our attorney’s expertise in uninsured and underinsured motorist accident claims is highly beneficial when handling insurance companies.

We offer a free consultation. Our contingency fee payment system lets you utilize our legal services without worrying about legal fees. You won’t owe us anything unless we recover money in your case.

We understand that attorney’s fees are a leading cause of victims not seeking the legal representation they truly need. That’s why we use this contingency fee arrangement.

Our legal fees are calculated based on a percentage of the compensation we recover for you. That means that if there is no compensation recovered for you, there is no fee, and you owe us nothing.

We want everyone who has been seriously injured by an uninsured or underinsured driver to be able to access high-quality legal counsel for their car accident claim, and we have helped countless accident victims recover compensation for their injuries.

Contact us today and let us help you. We provide a free consultation.

The general information provided on this website should not be considered legal advice, and does not constitute legal advice. For legal advice, you should consult directly with an attorney. If you contact us by telephone, email, letter, or by contact form submission through this website, please note that such communication does not create or constitute an attorney client relationship. We cannot act as your attorney until we are hired as your attorney by a formal written agreement.