Auto insurance provides an important safety net after a car accident in San Mateo, helping to cover or offset the personal and financial costs victims incur. At least, that’s the idea. In practice, however, insurance companies are for-profit businesses that work hard to limit the claims they have to pay out.
To get the fair coverage you deserve, we at Carcione, Henderson & Markowitz, LLP, have put together what you need to know about how car accident insurance claims work in San Mateo, as well as how insurance carriers operate.
How a San Mateo Car Accident Lawyer Can Help with Insurance Claims
Don’t try to go through the aftermath of a collision without a San Mateo car accident lawyer. While you work on treating your injuries and putting your life back together, they can do the following:
- Investigate the accident to identify all applicable insurance coverages
- Review policy language to understand limitations and exceptions
- Communicate with all relevant insurers to protect you from the tricks they may pull to minimize your payout
- Negotiate for a fair settlement that covers all your applicable losses, from medical bills and lost income to pain and suffering
- Take your case to trial if the insurers don’t make you a fair offer
Many accident lawyers offer free consultations, and most work on contingency, which means you don’t pay them unless they win your case. Because there’s no financial risk to you, there’s no reason not to speak to one about your options.
How Car Accident Insurance Works in San Mateo
Car accident insurance should pay out claims in accordance with the type and amount of coverage the policy provides. The exact coverage will depend on the policy. For example, liability insurance covers the costs that other people incur because of a car accident the policyholder causes. On the other hand, medical payments coverage will pay for the policyholder’s medical expenses regardless of who is at fault.
That’s the way it’s supposed to work, at least. In reality, insurance companies exist to help their shareholders, not the people who file claims. They will point to loopholes to deny coverage, or push lowball settlements on people who are too hurt and scared to know what they’re agreeing to. They might argue that the claimant isn’t as hurt as they say they are, or drag things out in the hope that the claimant will just give up.
Don’t just put up with this treatment. Instead, get help from someone who’s motivated to get you as much money as you deserve. Contact a car accident lawyer in San Mateo to learn more.
Minimum Car Insurance Requirements in California
California car accident insurance laws state that every car in the state must have liability insurance coverage that provides at least the following:
- $30,000 for injury or death to one person in an accident
- $60,000 for injury or death to all people in an accident
- $15,000 for property damage in an accident
Note that this insurance pays for the harm that other people suffer because of the driver’s actions. It does not cover injuries sustained by the policyholder or by anyone driving the policyholder’s vehicle.
Drivers in California can opt out of paying for liability insurance if they deposit $75,000 in cash with the state DMV.
Additionally, different insurance minimums apply to certain businesses operating in the state.
Types of Car Insurance Coverage That May Apply
The term “car insurance” makes it seem like there is one particular type of coverage, but in actuality, there are many different provisions that may apply to a car accident. Some coverages only apply when someone else is to blame. These include the following:
- Liability insurance, the only mandatory insurance in the state, which covers the cost of the harm that other people suffer because of a car accident that the policyholder or someone driving their car causes
- Uninsured motorist (UM), which steps in to act as the liability insurance for an at-fault driver who either doesn’t have insurance or flees the scene of an accident
- Underinsured motorist (UIM), which provides the policyholder with additional coverage by making up the difference between the UIM policyholder’s insurance limits and the liability policy limits of an at-fault driver
On the other hand, some coverage types provide first-party benefits, meaning they apply to the policyholder even if the policyholder causes an accident. First-party auto insurance includes the following:
- Medical payments, which cover the medical expenses of the policyholder and their passengers, regardless of who caused the crash
- Collision, which pays to repair the policyholder’s vehicle damage after an accident, regardless of who is at fault
- Comprehensive, which covers the repair or replacement costs for a covered vehicle that’s stolen or damaged by vandalism or bad weather
What Happens After a Car Accident Insurance Claim Is Filed?
So, what is the process for dealing with insurance after a car accident? Once you file a car insurance claim, the following takes place:
- The insurance company will investigate the incident to determine if it believes it is obligated to pay you.
- If it accepts liability, it will offer you a settlement. Accepting the settlement will waive your future right to sue. Be aware that the company’s initial offer is likely to be aggressively low.
- If you do not accept the settlement, you can submit your own counter demand, which the insurance company may accept or reject.
- If the insurer rejects the settlement, you can sue them or their policyholder, or you can submit another counteroffer and continue negotiations.
If you attempt to do this on your own, you could wind up with pennies on the dollar. Hire an attorney who can do this work for you.
Dealing with the At-Fault Driver’s Insurance Company
The at-fault driver’s insurance company will do everything it can to limit the amount it pays you. That might involve the following:
- Shifting blame onto you
- Slow-walking your claim to frustrate you
- Getting you to say things on the record that it can use against you
Don’t try to go up against a profit-motivated insurance company on your own. Contact a car accident lawyer to get the support and guidance you need during this challenging time.
What If the Other Driver Is Uninsured or Underinsured?
Hurt in an accident caused by a driver who doesn’t carry the legally required insurance? You’re not alone. The Insurance Information Institute estimates that California is one of the most uninsured states in the country, with more than 20 percent of drivers in our state foregoing coverage.
This unfortunate reality is why uninsured motorist (UM) coverage exists. It will step in to act as the liability insurance that the at-fault driver chose not to purchase. While it is optional, you likely have this provision on your policy unless you specifically rejected it in writing.
Underinsured drivers pose another challenge for car accident victims in the state. These are drivers who have responsibly purchased car insurance, but with limits that are insufficient to cover an accident victim’s financial and personal expenses. Car expenses can be expensive, especially when one driver is at fault for an accident that injures multiple people. In these cases, $60,000 in personal injury coverage and $15,000 in property damage coverage are not enough to cover everyone.
Enter underinsured motorist (UIM) coverage. These policies make up the difference between what the policyholder has purchased and what the at-fault driver’s liability policy will cover. So, for example, if you have a $100,000 UIM policy and the at-fault driver’s liability insurance will only cover $30,000 of your losses, your own UIM policy will cover up to $70,000 in compensation to you.
Can You Use Your Own Insurance to Pay for Damages?
Depending on the types of coverage you’ve purchased, your own insurance may cover certain losses after an accident.
The following are examples:
- Uninsured motorist (UM) or underinsured motorist (UIM) coverage will pay for the harm you’ve suffered because of an at-fault driver who either doesn’t have insurance, fled the scene, or has minimums below your own policy limits.
- Medical payments coverage will pay to treat injuries you and your passengers suffer, regardless of who caused the crash.
- Collision coverage will pay for vehicle damage if you were at fault for the crash or if you hit an animal in the roadway.
- Comprehensive coverage will pay for damage your vehicle sustained in a non-crash event, such as theft, vandalism, or bad weather.
How California’s Comparative Fault Law Affects Insurance Claims
Are you worried that you were partially at fault for the car accident that injured you? If so, you may be in luck. California adheres to a comparative negligence system, which means that you can still recover compensation for any portion of an accident that was not your fault.
For example, let’s imagine that you sped up to beat a yellow and hit a driver who turned left in front of you. Both of you should have slowed down for the light, so you’re each somewhat to blame. However, you still had the right of way.
You sue the other driver for $100,000, and the case goes to trial, where a jury determines that you were 30 percent at fault while the other driver is 70 percent to blame. In this hypothetical, you’d recover $70,000, which is the $100,000 you sued for minus the 30 percent of the accident that was your fault.
What Compensation Can Insurance Cover After a Car Accident?
If you’ve been injured in a car accident in San Mateo, you could be entitled to compensation. However, who’s at fault and what types of insurance coverage will dictate the specific types and amounts of compensation you might receive. Depending on the circumstances, you could get money for the following:
- Medical expenses
- Rehabilitation and therapy costs
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability or disfigurement
- Loss of consortium, or familial closeness
- Property damage
- Other out-of-pocket expenses
In the event that a close family member died in the accident, you could receive wrongful death damages.
Contact a San Mateo Car Accident Lawyer Today
Carcione, Henderson & Markowitz, LLP, is ready to help if you’ve been hurt in a car accident in San Mateo. We’ve secured multimillion-dollar settlements and verdicts for our clients for 40 years, and we have a proven track record of winning even the toughest cases. As one satisfied client said:
“Josh Henderson got me an unbelievable settlement. He is very knowledgeable attorney. His staff is great. I am really pleased that I found him to handle my case.”
Contact us today at 650-367-6811 or fill out our online contact form for a free consultation to discuss your case with our team.