What do I do if the other driver's policy limits are too low?

Car accidents can result in significant physical, emotional, and financial burdens, especially when injuries are involved. While California law requires drivers to carry auto insurance, not all policies provide adequate coverage in the event of a serious accident. So, what do you do if you find yourself in a situation where the other driver's policy limits are too low to cover your damages? Here are some steps to consider:

1. Understand the Other Driver's Policy Limits

Start by understanding the other driver's insurance policy limits. The minimum liability coverage required in California is typically limited to a specific amount, such as $15,000 for bodily injury per person and $30,000 for bodily injury per accident. If the at-fault driver's policy limits are insufficient to cover your damages, it's essential to assess your own insurance coverage.

2. Review Your Own Insurance Policy

Check your own auto insurance policy for any provisions that may come into play in situations like this. In California, uninsured/underinsured motorist (UM/UIM) coverage is available, and you may have opted for this additional coverage. UM/UIM coverage can help bridge the gap when the other driver's policy limits are too low. Contact your insurance company to understand the extent of your UM/UIM coverage.

3. Gather Evidence of Damages

Document all your damages meticulously. This includes medical bills, records of doctor visits, treatment plans, property damage estimates, and any other expenses directly related to the accident. Maintaining thorough records is crucial when negotiating with insurance companies or pursuing legal action.

4. Consult with an Attorney

Consider consulting with a personal injury attorney experienced in handling underinsured motorist claims. An attorney can help you navigate the complexities of insurance policies and California laws, ensuring you understand your rights and options for seeking compensation beyond the at-fault driver's policy limits.

5. File a Claim with Your Insurance Company

If you have UM/UIM coverage, you can file a claim with your own insurance company. This claim will be for the difference between the at-fault driver's policy limits and your total damages. Your insurance company will investigate the claim and may negotiate a settlement.

6. Negotiate with the At-Fault Driver

In some cases, it may be possible to negotiate directly with the at-fault driver for additional compensation, especially if they have personal assets that can be used to cover your damages. However, this approach can be challenging, and it's advisable to have legal representation to protect your interests.

7. Consider Legal Action

If negotiations with your insurance company or the at-fault driver are unsuccessful, you may need to pursue legal action. A personal injury lawsuit can be filed against the at-fault driver to seek the compensation you deserve. Your attorney can guide you through the litigation process.

8. Be Patient and Persistent

Resolving claims involving insufficient policy limits can be a lengthy and complex process. It's essential to remain patient and persistent throughout the negotiations or legal proceedings to ensure you receive fair compensation.

In conclusion, when the other driver's policy limits are too low to cover your damages, you have options. Review your own insurance coverage, gather evidence, consult with an attorney, and be prepared to negotiate or pursue legal action if necessary. Your goal is to seek the compensation you rightfully deserve for your injuries and losses. An experienced personal injury attorney can be an invaluable ally in this process, helping you navigate the challenges and secure the best possible outcome for your case.