An accident with an underinsured or uninsured driver is extremely stressful. It is worse if the other driver decided to flee the scene of the accident. Either situation could require pursuit of an uninsured motorist claim or a personal injury protection (PIP) claim to cover your losses. The probability of recovering damage and injury compensation that covers all of your losses from such an accident is diminished by the fact that uninsured/underinsured motorist policies generally have lower limits than your main auto insurance policy. However, other avenues may exist to recover additional compensation.
It takes an experienced, dedicated personal injury attorney to recover the compensation that you deserve for short- and long-term losses. Oakland personal injury attorneys at Winer, McKenna & Burritt, LLP, our attorneys have obtained significant settlements and verdicts on behalf of clients who initially thought their financial compensation would be severely limited.
Call us at (510) 433-1000 for a free consultation.
Recovering Damages In An Uninsured or Underinsured Motorist Case
You may be able to recover compensation through the underinsured, at-fault driver’s insurance policy and your own insurance policy. Additionally, if insurance bad faith or extreme, willful misconduct took place, you may be able to recover punitive damages.
California is an at-fault state, which means that damage and injury compensation are paid by insurance companies based on percentage of fault. A comparative negligence rule is used if there is fault for the accident by more than one party. If the plaintiff in a personal injury lawsuit is at fault, he or she may still recover financial compensation, but the award will be reduced by the percentage of fault determined by the court.
As a plaintiff, you may be able to recover the following damages:
- Medical bills (past and future)
- Wage loss or loss of earning capacity (past and future)
- Pain, suffering and emotional distress (past and future)
- Punitive damages
As a survivor of an accident victim who died, you may be able to recover economic and emotional distress damages.
Significant Uninsured/Underinsured Motorist Cases
- $450,000 — 22-Year-Old Bicyclist Suffers Traumatic Brain Injury in Collision With Van Driver With Only $100,000 Insurance
- $300,000 — Woman Receives Facial Scarring and Psychological Injury as a Result of Pickup Truck Rollover
Experience That Produces Results
With in-depth knowledge of personal injury laws, our Woodland Hills and Oakland-based attorneys develop uninsured/underinsured motorist cases with thorough investigations and fine-tuned legal strategies. We can secure the financial recovery that you deserve, and we can help you make informed decisions throughout the legal process while we handle all communications with insurance companies.
Free Consultation — Contact A Lawyer
Email or call our offices in Oakland or Woodland Hills at (510) 433-1000 to schedule a free initial consultation with a lawyer in the San Francisco or Los Angeles area. We handle all cases on a contingency fee basis.