Auto accidents

How to Bring a Lawsuit Against an Underinsured Driver Responsible for Car Accident Injuries or Death

By December 18, 2018 May 17th, 2019 No Comments

In California, drivers are required to carry liability insurance, which helps to pay for damages they cause to others in a crash. However, drivers sometimes skirt the rules and evade this responsibility, thereby driving whilst uninsured. This means that when an accident occurs that is caused by an uninsured driver, the not-at-fault party may have difficulty in recovering compensation.

Our Los Angeles uninsured car accident lawyers at the law office of El Dabe Ritter Trial Lawyers are available to answer all of your questions about an accident with an uninsured or underinsured driver, including how to bring forth a lawsuit against an underinsured driver. Consider the following about your legal options.

You Maintain the Right to File a Lawsuit

When you are involved in a car accident that is caused by the negligence of another party, you maintain the right to file a lawsuit for damages against that party. During the course of the suit, you will have to prove that the driver owed you a duty of care, breached the duty of care owed to you and that this breach of duty was the direct cause of your accident and damages.

You must also prove the extent of harm you have suffered, and can recoup compensation for the full value of your economic and noneconomic losses.

Unfortunately, claims against uninsured and underinsured drivers often prove futile. Indeed, injury claims following a car accident are most often paid by the defendant’s insurer; if the defendant does not have insurance, or does not have enough insurance to pay for damages, then the defendant too may lack the economic means to pay your claim. For this reason, filing a suit against the driver will likely be possible, but it could ultimately be a waste of time and resources.

What Are My Other Options?

Our Los Angeles car accident lawyers will guide you through your other options for recovery, as well as the potential of filing a lawsuit for injuries or death against an uninsured or underinsured driver. If doing so is not sensible, other options might include:

    • Negotiating your medical bills and other expenses, potentially having these expenses forgiven;
    • Filing a claim with your own insurance, such as your uninsured motorist coverage, underinsured motorist coverage, or medical payments coverage; or
  • Filing a claim against another liable party – it’s important that your accident is thoroughly investigated as to identify all potentially liable parties, as this is critical for getting the maximum amount of compensation available.

Call Our Los Angeles Car Accident Attorneys to Learn More

Our Los Angeles car accident attorneys understand how devastating a car accident that results in serious injuries or death can be, and how traumatic it can be to learn that the at-fault party doesn’t have enough insurance to fully compensate you and your family. Not only do you maintain the right to file a lawsuit against this party, but you also have other recovery options available to you. Call our legal team today to learn more and schedule your free consultation.