You got into a car accident and the other driver does not have car insurance. Not your best day. While driving without insurance is against the law in California, that reality does not really help you right now. But what does is your own insurance. When you are in a car accident with an uninsured driver in California, your ability to collect funds via a personal injury lawsuit are not lost. The same goes for when you were the victim of a hit-and-run accident.
UNINSURED DRIVER CAR ACCIDENTS
There are two basic types of uninsured driver car accidents– hit by a known driver that does not have any insurance and hit by a driver that fled the scene of the accident. Both those actions are illegal in California. If either of these scenarios recently happened to you, do not assume that you cannot file a lawsuit to collect for your injuries. Here’s how this works:
- Two years: The statute of limitations in California gives you two years from the time of the car accident to file a lawsuit. We encourage you not to wait that long for many reasons but if you are coming close to that time period, do not hesitate to get in touch with us.
- Police Report: You want to file a police report in any car accident you are in but this is a requirement in uninsured driver cases, partially because of the criminality of the other drivers’ actions. If you are reading this and you still have not taken this important step, don’t worry we can help with this part of your case too. Filing a police report is a lot simpler and less scary than many people think.
- DMV Report: You are required to file a report (known as an SR-1) with the DMV within ten days of your accident if there was an injury or death or damages over $750. Of course that is not always the case, especially in those situations in which you were injured so seriously that you were still in the hospital ten days after your accident. Again, if you have fulfilled this requirement by the time you are reading this and getting in touch with us, this is something we can help with.
- Notify Insurance Company: You are supposed to notify your insurance company within 30 days of the accident. like with a lot of the post-accident requirements in California it is easy to let these requirements slip by either because you were too injured to handle them or because you did not know of the obligation. Ultimately, when you hire Walch Law, we make sure all your boxes are checked to maximize your recovery. Insurance companies can be extremely difficult, especially in this special class of claims.
When it comes to uninsured motorist claims, you are filing a claim against your own insurance company to compensate you for your injuries. How are you able to do that? In every car insurance policy you have coverage for uninsured and underinsured motorists designed to help cover you in these very situations. Known as a first party uninsured motorist claim, you have been paying for this coverage for as long as you have had your current policy. Not only is this money that you are entitled to in these uninsured motorist accidents but California law also builds in an additional safeguard for you in these scenarios– your auto insurance company cannot raise your rates for going after these funds.
DIFFERENCE BETWEEN UNINSURED AND UNDERINSURED MOTORISTS
Maybe the driver that hit you had the California minimum requirements for car insurance coverage but that does not come close to covering the damage they caused you. That class of drivers is known as an under insured motorists for purposes for California car accident claims. What’s the difference? An uninsured motorist is breaking the law by having no insurance whatsoever and an under insured motorist has insurance it simply is not enough.
Uninsured motorist claims can be tricky and to get the maximum amount as quickly as possible and avoid binding arbitration (or to get the maximum amount in arbitration), you want to work with an experienced attorney. Like an insurance claim, your insurance company may try various tactic (including bad faith denial) to try to avoid paying you the full amount you deserve. At Walch Law, we know how frustrating a hit and run accident can be or how helpless you might have felt to find out the other party did not have any insurance. Do not give up. Give us a call to take a look at your insurance policy and discuss your options. We are always available to help so do not hesitate to get in touch with us today.
Nine Reasons To Choose Us
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ResultsWhen looking for a California wrongful death lawyer, you want a law firm that can get you the money you deserve. At Walch Law, we don't just meet our clients' expectations, we exceed them. We win over 95% of our cases and will work hard to get you the same great results we have gotten for so many of our happy clients. When it comes to handing a California wrongful death case, resolving your case as quickly as possible for as much money as possible is how we approach every case.
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ExperienceFounding partner Gary Walch started this law firm to help people in your very situation. With over forty years of experience, you can feel confident that when you hire Walch Law Firm, you are benefiting from his years of experience. Robert Walch has been with the firm since 2000 and has a track record of success, as does the rest of the highly qualified staff at Walch Law. A family firm with the resources of a big law firm means you get the best of both worlds.
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TrustThere are lots of law firms that will happily take your business but very few will deliver results and handle your case the way that we do. We understand and respect how difficult this time is for you and our family. When you hire Walch Law Firm you are hiring a family firm that you can trust. We have a stellar reputation within the legal community and among our clients.
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Contingency FeeFor many individuals and families following a death it is not just an emotional time but a stressful financial time as well—hiring an attorney should help relieve this financial stress which is why you hire us on a contingency fee arrangement. Translation: you don't pay for any fees or costs associated with your case until you get paid. We have the financial resources of a large law firm but the accessible environment of a small firm meaning your case won't get lost in the shuffle.
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CommunicationWhenever you are ready, we are available to talk and this open and available communication model is something that our clients enjoy until their case is closed. We keep you informed and updated on your case every step of the way, always explain what's happening in plain English and ultimately deliver on our promise to get you paid.
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Recent VictoriesWinning over 95% of our cases means that you can feel very confident when you hire us to help with your case. Some of our recent victories include a $5,000,000+ settlement for a car accident, $1,250,000 settlement for a wrongful death pedestrian case and $2,500,000 for injuries related to a subway accident.
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SupportFirst and foremost, you are suffering a major traumatic loss and we understand that. We can help with counseling, medical professionals and other important resources during this time. Your focus should be on dealing with this loss, let us take care of all the legal details.
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Family FirmThere are small firms that might not be able to front the costs of your case and there are big law firms that will easily take your case but lack any type of personal touch (and you might have trouble hearing back from them when you want to) and then there's Walch Law Firm. We can handle any case and pride ourselves on our accessibility to clients. Father-son duo Gary & Robert Walch treat everyone like family and this personal touch is something that our clients as well as our employees constantly e!
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Se Habla Espanol!¿Busca un abogado de habla hispana ayudar con su caso de la muerte ilícito de California? No busque más. Somos una firma de abogados de servicio completo de habla hispana que puede ayudarle durante este tiempo difícil tiempo. Llama nos o correo electrónico hoy para su consulta gratuita para aprender más.
