Are You Properly Insured? Insurance Considerations And There Effects On Your Motor Vehicle Lawsuits
Often times when I meet with a client for the first time for a motor vehicle accident case, I am often surprised by how little he or she knows about his or her automobile insurance policy. I have come to realize, that most California drivers, obtain insurance because they are required to by state law, not because they are concerned about protecting themselves from liability or from the negligence of others. Automobile insurance is not only important in protecting a driver from his or her liability if he or she is at fault in accident, it also provides additional protection for a driver if the other driver was at fault and inadequately insured.
When selecting the right insurance policy, you should be knowledgeable about underinsured motorist coverage as well as uninsured motorist coverage. The names of both speak for themselves. In the event that you are involved in an automobile accident caused by the fault of another, the uninsured motorist coverage will apply if that driver does not have insurance. On the other hand, if the at fault driver does have insurance, but those limits are insufficient to cover your injuries, then the underinsured motorist coverage will offer you an additional source of coverage from which you can recover if your underinsured motorist policy limit exceeds the limits of the at fault driver’s policy. In the second situation, the at fault driver is said to be “underinsured” and hence the name of the policy.
Drivers should be aware that claims for uninsured motorist coverage and underinsured motorist coverage are being made under their own policy. In other words, you are asserting the claim against your own provider of insurance. As such, when you are involved in an accident, you should take caution against make any statements to any insurance company, even your own. In the event that you have to assert a claim against your own insurance company under your underinsured or uninsured motorist policy, your insurance company is no longer on your side. In fact, your insurance company will fight you to see that you receive as little as possible for your injuries.
I always tell clients not to give any statements to any insurance company following an accident. Of course, the reason is because they do not yet know if they will be asserting claims against the other driver’s insurance or their own. In addition, these statements are usually relied upon by insurance companies when they attempt to discredit or downplay your injuries. Most drivers do not realize or think about this following an accident. However, it is not uncommon for insurance companies to rely upon a driver’s innocent or uninformed statement when refuting his or her injury claim under the policy later.
If you have questions regarding automobile insurance, or have experienced unfair treatment by your insurance company with respect to your motor vehicle accident, contact one of our attorneys today. Our attorneys are always available to discuss your case and situation at no charge.