Have you been injured in a car accident? If so, you need to take steps to protect your legal right to recover compensation for your injuries and damages. Debunking some of the common myths about car accident coverage is one way our California auto accident attorney helps accident victims receive the money they deserve for their car accident claim.
Below are five common myths about car accident coverage that you should understand if you are injured in a car crash.
- My car insurance pays my damages and expenses.
This statement is only partially true. Liability insurance coverage that is required by California for all drivers protects other people injured in an accident that you cause. You must carry additional car insurance coverage, such as comprehensive coverage, collision coverage, PIP, or MedPay for your insurance provider to pay your expenses related to a car accident that is your fault.
- I can sue the other driver even though I settle with the driver’s insurance provider.
No, you cannot file a lawsuit against the other driver if you accept a settlement from the driver’s insurance provider. Insurance providers require accident victims to sign releases before they receive funds from a settlement agreement. The release typically releases the company, their insured, and all other parties from further liability related to the car accident. Therefore, you may want to consult a California car accident attorney before you sign any documents or accept a settlement from the insurance company.
- My insurance company will not pay if the other driver is at fault.
Again, this statement is only partially correct. If you carry underinsured motorist coverage or uninsured motorist coverage, your insurance company may pay a claim for damages caused by another driver. For instance, if the driver is uninsured, your insurance company should pay compensation to you for an uninsured motorist claim. Likewise, if the other driver’s insurance coverage does not compensate you for all damages, you may receive additional compensation from your insurance provider if you carry underinsured motorist coverage.
- I will receive compensation for my lost wages and medical bills as I incur these expenses.
Unfortunately, you will not receive any funds for your injury claim until your claim is settled in full. Therefore, you should work with a California car accident attorney to find other ways to pay for necessary medical bills until your claim is ready to be settled. Settling your claim before you reach maximum medical improvement because you need funds now will likely result in a lower settlement amount than if you wait until your doctor releases you from treatment.
- If the at-fault driver’s insurance company denies my claim, I can sue the insurance company.
No. You do not sue the insurance company directly for a car accident claim unless you are alleging bad faith or another cause of action that directly implicates the insurance company in wrongdoing. In most cases, the lawsuit is filed against the at-fault driver. The driver’s insurance company will typically hire an attorney to defend the driver in court.
California Car Accident Attorney
Filing an insurance claim after a car accident can be complicated, especially if you are dealing with traumatic injuries and substantial losses. Contact the California auto accident attorneys at Deldar Legal to learn more about how we can help you seek compensation for your injuries and damages from a car accident.
Posted in: Auto Accidents