Legal Question in Personal Injury in California

Re: Question in regards to Underinsured coverage on my auto policy

If you weren't driving when you were struck, I don't know how you can collect under your own policies. Find out whether the person who hit you has any assets (like a home or a job). Also, was the driver charged with drunk driving? (If so, he/she cannot bankrupt on the injury-related debt.) Despite the small amount of insurance, you might look to the driver's assets and job over the next several years to satisfy a judgment.

Re: Question in regards to Underinsured coverage on my auto policy

Sorry to hear about your accident. If someone other than the driver owned the vehicle, you will be able to go after the owner, or if it owned by a business, try and go after them if the driver was using the company car. Also, make sure that there are no other policies which have covered the driver that hit you. Many more facts are required but generally, your own car ins. will not apply, unless you were getting in or out of your car. Then, you may have a chance. If you were nowhere near your car, it's not likely. Good luck and thanks for your question.

Re: Question in regards to Underinsured coverage on my auto policy

First determine where the driver was coming from and where the driver was going. This may result in an agency relationship between the driver and somone with more assets.

In regard to the uninsured, or underinsured coverage on you car, assuming that the policy applies, you could collect only the difference between the coverage of the driver, and the total of your coverage. Thus if the driver had $15,000 coverage the max you could collect would be the difference $15,000.