What Should I Do if I’m Hit by an Uninsured Motorist?

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A motor vehicle accident can be shocking enough, but finding out that the other driver is uninsured can take the stress of the accident to an entirely different level. If you are injured or if your car is damaged, it can become expensive to pay the bills. So, what do you do if the other driver is not insured and your insurance will not cover all the expenses?

Insured or Uninsured

In 2012, it was estimated that nearly 15% of California motorists were uninsured. That figure ranked California 13th in the United States. Meanwhile, an unbelievable one-quarter of all motorists in Oklahoma were estimated to be uninsured. If the other driver in your accident is not insured, your own car insurance could take care of all the expenses you incur. However, in some cases this is not enough, especially if you are injured severely.

When you buy your vehicle insurance policy, there is an option to buy uninsured motorist coverage. This will cover your vehicle’s damages as well as medical bills in the case the other driver in an accident lacks automobile insurance. Purchasing uninsured motorist coverage is seen as the ideal and only way to potentially prevent losing thousands of dollars due to an uninsured driver. Getting the best vehicle insurance you can is a step in the right direction, but what happens to the other driver?

Traditional Negligence State

California is a traditional negligence state when it comes to auto accidents. Due to the Golden State’s stance on car collisions, you can file a lawsuit against the person that hit you if he or she does not have auto insurance. In this case, you will need to prove it was the other driver’s fault for hitting you and causing the accident.

Problems with Lawsuits Against Uninsured Drivers

You can already guess the problem with filing a lawsuit against an uninsured driver. If you can prove it was his or her fault and you win your case, it can be difficult, or even impossible, to obtain any compensation.

Catch-22 Auto Insurance

In some cases, drivers who have their automobiles totaled can receive zero in compensation from their insurers. Of course, if the other driver is not insured, you will not receive any money from him or her, either. Your insurer could refrain from paying out due to your policy. It is important to read over the policy when you purchase it.

In a recent case, one man who was injured in a car accident by an under-insured motorist sued his auto insurance company for not paying his medical bills. The under-insured motorist’s policy was not enough to pay for his treatment, which has brought on the lawsuit.

Best Advice

Insurance experts advise buying uninsured motorist coverage to make sure you are protected. Even if you are injured, it may be impossible to receive compensation in court.

Flahavan Law Offices | Thousand Oaks Uninsured Motorist Attorneys

If you or a loved one has experienced an injury from an auto accident and the medical expenses that come with it, contact Flahavan Law Offices. Flahavan Law Offices specializes in personal injury law and can give you advice on the compensation you deserve. Visit our homepage or contact us directly. Flahavan Law Offices is here to help with all your personal injury law needs.

What Should You Do If You Are In A Motorcycle Accident?

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There is nothing like riding a motorcycle and feeling the air rush against your skin. Riding a motorcycle provides a sense of freedom that few get from driving a car or using other forms of transportation. The reality is, however, that motorcycles are more dangerous for the operators than cars. Riders can receive compensation if they have been badly hurt in a motorcycle accident, but there are a few things you should know before you seek compensation.

Causes of Motorcycle Injuries

Due to motorcycles being smaller, and in many cases, faster than cars or trucks, drivers can often fail to see them on the road. Even if a driver is able to see a motorcycle before an accident, it is often too late to avoid the collision.

Accidents commonly occur when drivers are:

  • Tired,
  • Distracted,
  • Inexperienced,
  • Have a delay in reaction time,
  • Drunk or intoxicated, and
  • Angry or exhibiting road rage.

Road rage is actually something that can occur quite often if drivers feel motorcyclists are weaving in and out of traffic, or being aggressive. Keep in mind, it is not always motorcycle and car accidents that occur. Sometimes accidents occur when multiple motorcycles crash into each other.

Injuries Related to Motorcycle Accidents

A simple Google search for motorcycle accidents in California produces numerous news reports of riders’ deaths in recent crashes. Although non-life threatening injuries can occur, it also must be remembered that death is a very real possibility when riding, and occurs more often than one might think.

Riders who survive a motorcycle accident can experience numerous injuries, and due to the structure of a bike, they can experience far more damaging injuries than if they were driving a car.

Injuries can include:

  • Second or third degree burns,
  • Spinal cord damage,
  • Internal bleeding,
  • Brain trauma,
  • Broken bones,
  • Cuts and bruising,
  • Torn ligaments and muscles, and
  • Whiplash and neck injury.

Even a minor motorcycle accident can result in major and long-standing damage. This damage can affect your work, family life, and other everyday tasks.

Driver Negligence

When a motorist collides with a motorcycle due to a driving error or traffic violation, it can be considered driver negligence. If the driver’s negligence caused injury, the motorcyclist can seek compensation.

If you go to trial, you will need evidence to prove the driver was negligent. In most cases, it is the motorcyclist’s duty to obtain the evidence for the trial, since finding eyewitnesses may prove difficult.

What Evidence Should You Show?

Make sure you take plenty of photographs after the accident. These should be of the scene, your bike, your helmet, injuries, and the car that was involved.

Be sure to keep your helmet, it can be an important piece of evidence. If you were not wearing a helmet, it may be seen as though your negligence contributed to any head injuries incurred.

Get the police reports to show the judge because they will outline the accident in detail.

You may need to find witnesses that saw the accident, but you can also track down surveillance footage that filmed the event.

Finally, make sure you have your medical records. You will need these to show that compensation is needed for the injuries sustained.

In January 2017, a Los Angeles court awarded a former UCLA football player $35 million after a motorcycle accident took the lower half of his leg. He also sustained a variety of other life altering injuries.

Flahavan Law Offices | Westlake Village Motorcycle Accident Attorney

If you or a loved one has experienced a motorcycle accident and the medical expenses that come with it, contact Flahavan Law Offices. Flahavan Law Offices specializes in personal injury law and can give you advice on the compensation you deserve. Visit our dedicated page on motorcycle accidents or contact us directly. Flahavan Law Offices is here to help with all your personal injury law needs.