Consult a personal injury attorney to investigate the incident, coverage for the driver and to find out who the owner of the vehicle is should it be different from the driver. Your coverage will apply but your attorney will go after the at fault driver and/or vehicle owner's coverage first.
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After a serious accident it is extremely important to make sure you comply with all notice provisions that serve as conditions precedent to an uninsured claim under your own auto insurance policy. The companies typically do not make these claims easy, one of many reasons to retain an attorney who has been through this before. Here are more:
Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.
You need to review the declaration page of your auto insurance policy. If you have property damage coverage under UM it will be listed. If you do not have it for property damage, the only way for you to recover is if you also have personal injuries and appropriate UM coverage. In that case, your UM personal injury coverage will pay for your personal injury damages – but not for damage to your vehicle.
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If you have uninsured motorist property damage, then your insurance will cover your vehicle damage in this situation. If you do not, then it likely will not cover the vehicle damage.
You can get a judgement against the other driver for the vehicle damage in small claims while you pursue the uninsured motorist bodily injury claim. Under Califirnia law, a judgement for damages arising from the operation of a vehicle must be paid or else the responsible vehicle operator as well as the vehicle owner can lose their license(s) until the judgement is paid. Also, damages arising from a drunk driving accident are generally not dischargeable in bankruptcy.
We have dealt with this situation numerous times in the past.
It sounds as though you have a significant case and could use the help of a good attorney. You should consult an attorney. Our office provides a free consultation. You can call us at (800)268-9228 or you can call any of the AVVO personal injury attorneys for a free consultation.
Many years ago I had a cheap vehicle and one Sunday morning in LA i was blindsided by a hit and run driver. I was lucky enough to get help from the victims of violent crimes fund. I had no idea I qualified or that the fund existed. I'm sure with a Drunk involved you would qualify for help from this fund and I think these other attys if they have not posted about it or have not heard about it need to also know about for such an instance just like yours. I was turned down by quite a few firms b/c they could not make money from my pain, without an offer of help or direction and lucky enough to have a lady cop give me this excellent direction. Best of luck to you...
Your declarations page of your policy should be reviewed by a local lawyer to ascertain what coverage you really have.
If you are rear ended by another vehicle, that car is at fault for the accident and is liable for damages and injuries resulting. If the vehicle is uninsured, you have the option to submit under your own coverage assuming you have that coverage. If not, then the claimant is limited to a personal action against the defendant. Call a local attorney for the law of your state.
24 Hour Attorney Call Center (314) 361-4242 or visit us on the Web at http://www.hoffmannpersonalinjury.com.
If rear ended by a drunk driver with no license, no registration or insurance, you are limited to a personal action against the driver. Call a local lawyer for your options.
24 Hour Attorney Call Center (314) 361-4300 or visit us on the Web at http://www.hoffmannworkcomp.com
Yes. It should be covered by your uninsured/undersinsured provision of you insurance policy. Notify your own insurance company right away of this accident. I advise you to hire a personal injury lawyer to represent you because these types of claims are full of traps for the unwary. Best of luck.
Si, éste tipo de accidente está cubierto por la provisión: sin seguro/bajo seguro de tu póliza de seguro automovilístico. Notifica inmediatamente a tu compañía de seguros de este accidente. Te aconsejo que contrates a un abogado de accidentes de choques de carros con experiencia en casos de choferes sin seguro y sin licencia. Buena suerte.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation. Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
DUI Damages for personal injuries Premises liability for personal injuries Personal injury Hit-and-run personal injury accidents Types of personal injuries Personal injury and car accidents Drunk driving and personal injury Property liability Criminal defense Crimes against society Violent crime
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