Automobile Insurance & Injury
Automobile insurance laws in California require the owner of a vehicle to have a certain amount of liability insurance on the vehicle. Cal Veh Code § 16020. Liability insurance provides compensation to another person in the event that you cause an accident and are found to be liable to that person for damages. The minimum amount of coverage required by law is $15,000.00 Cal Veh Code § 16056, but you can purchase higher amounts of liability insurance in order to protect your personal assets against the risk of higher damages being awarded against you in the event you cause another serious injuries.
When Blackman Legal Group represents a person who is injured in an accident, one of the first things we do is investigate all possible insurance coverage that is applicable. Your insurance coverage is agreed upon when you purchase your insurance policy, and the insurance policy includes information on liability coverage, medical payments, uninsured and underinsured provisions, collision amounts, and even covers smaller details such as if you are entitled to a rental car, what repair shop must be used, and if you must pay for towing expenses after an accident.
The following is brief summary of the most typical coverages and issues faced in an automobile accident:
Liability Insurance
The liability portion of an insurance policy is for defending and settling any claims or paying any judgments rendered against the insured in an automobile negligence claim. Liability coverage is not health insurance, and it is not designed to pay for your medical bills as they are incurred. It is designed for a one-time settlement or payment for all of your damages. When you are involved in an automobile accident, California requires certain liability insurance minimums depending on the number of persons hurt or killed for the insurance policy to be effective. Cal Veh Code § 16056. The California minimums are: fifteen thousand dollars ($15,000) for bodily injury or death of one person in any one accident; thirty thousand dollars ($30,000) for bodily injury or death of two or more persons in one accident; five thousand dollars ($5,000) for injury or harm to property of others in one accident. Cal Veh Code § 16056.
Medical Payments Coverage
Medical payments coverage is a form of health coverage available to the insured driver (the individual who holds the policy which includes medical payment coverage) and any passengers in the insured's vehicle for injuries sustained, regardless of the fault of the driver. Medical payment coverage does not pay medical expenses of the injured plaintiff if the injured plaintiff is not the insured. The injured plaintiff must look to his own insurance policy or the policy on the vehicle in which he was a passenger for medical payment benefits.
Uninsured and Underinsured Motorist Benefits
Two other related types of voluntary coverage you can (and should) purchase are uninsured and underinsured motorist benefits. These types of coverage protect you against a negligent defendant who does not have any liability insurance coverage or has minimum coverage that is inadequate to fully compensate you for your injuries.
In the event the other party does not have liability insurance, or enough coverage to fully compensate you, these types of coverage allow you to file a claim under your own insurance policy and be fully compensated up to the limit of the policy you purchased. Claims of this nature involve complicated issues of law that are best dealt with by an experienced attorney familiar with these issues in order to obtain the maximum amount of recovery for you.
Collision Coverage
Collision coverage is a type of voluntary coverage you can purchase which provides for the repair or replacement of your own vehicle after an accident, regardless of whether or not you are at fault. This is different than liability coverage in that you file a claim against your own insurance policy for collision coverage. Generally, you initially get paid under your collision coverage, and then your insurance company will file against the negligent defendant’s liability coverage to get back the money the insurance company paid out to you.
As a passenger or pedestrian in an accident, it is important for you to independently obtain all necessary information at the scene of an accident if safely possible. In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call Blackman Legal Group now at 1-800-444-5602 or CLICK HERE TO SUBMIT YOUR QUESTIONNAIRE FOR A FREE CASE EVALUATION. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.