In the aftermath of a serious motor vehicle accident in California, it is common for the injuries and losses suffered by those involved to exceed the compensation available on a car insurance policy. In this situation, there is hope for greater financial relief: you may be eligible to file a personal injury lawsuit against the driver or another liable party. Let our Orange County car accident attorney handle these claims on your behalf.
Supplemental Coverage
Currently, California law requires drivers to carry just $30,000 per person and $60,000 per accident in bodily injury and death insurance, as well as $15,000 in property damage liability coverage.
While these amounts may be enough to pay for car accidents involving mild to moderate injuries, they may not sufficiently cover serious injuries, permanent disabilities, fatal accidents or crashes with multiple injured parties.
If the at-fault driver’s auto insurance policy reaches its limits, your first option for recovering additional financial compensation for your car accident claim is to contact your own insurance provider. You may have comprehensive, collision, underinsured motorist or other types of first-party insurance on your own policy that provides supplemental coverage.
The Driver’s Personal Assets
Another option is filing a personal injury lawsuit directly against the at-fault motorist. A lawsuit sues the driver outside of the limits of his or her automobile insurance policy. However, the driver must have personal assets available to pay for any judgment that may be awarded for your damages. An attorney can investigate the defendant to determine if they have real estate, investments, business ventures or other assets that can be used to pay for your losses.
Third-Party Liability
An investigation can be done into the specific cause of your car accident and related injuries to search for any signs of third-party negligence. It may be possible to bring a second or subsequent insurance claim against one or multiple third parties for additional coverage, depending on the circumstances.
Some car accidents involve negligence by outside parties, such as employers, delivery companies, businesses, dram shops (alcohol vendors), vehicle part manufacturers, government agencies and property owners. In these situations, these parties can be held financially responsible outside of the limits of the other driver’s insurance.
Insurance Bad Faith Claim
If the car insurance company involved in your claim is refusing to offer a fair and reasonable settlement within the parameters of the coverage available, you may be eligible for additional compensation through a bad-faith claim. This type of case aims to hold an insurer accountable for negligently or knowingly mishandling a claim, or handling it in “bad faith.”
How Can an Attorney Help?
If you or a loved one suffered catastrophic injuries in a car accident, with damages that exceed the coverage offered on an at-fault driver’s insurance policy, it is worthwhile to contact an attorney for an investigation into other potential financial opportunities.
A lawyer will explore all of your legal options after a thorough analysis of your case. An attorney can file claims and/or lawsuits on your behalf, deal with insurance companies, negotiate for maximum compensation, and take your case to court, if necessary, to help you achieve a fair financial recovery in excess of insurance policy limits.