Uninsured Motorist and Fault

If you’re involved in an accident with an uninsured motorist, does fault matter in your potential collection for damages? Pure no fault laws do not exist. Modified no-fault laws allow for each driver’s own policy to absorb a certain dollar limit of loss. If that threshold is exceeded by a claim, then the injured person can seek damages against the “at fault” driver at the point. Certain states have no fault automobile insurance. California does not have a no-fault plan. In the state of California, it is the law that drivers must be able to demonstrate proof of financial responsibility. Financial responsibility laws are designed to protect the victims of automobile accidents by establishing recompense from the parties at fault for their injuries/death that anyone who drives a vehicle must provide. The proof must be carried in the vehicle and shown when registering the vehicle or when requested by a police officer. Under California law the minimum amount of financial responsibility is $15,000 for bodily injury to one person; $30,000 for bodily injury to all persons; and $5,000 for property damages. Uninsured Motorists coverage must be included in all Auto Liability policies sold unless the insured signs a written waiver rejecting the coverage. The declarations page of any insurance policy will show the limits of liability. The limits for uninsured motorist coverage are shown on the front or “dec” page of your policy. There you will find if it lists $100,000/$300,000 for uninsured motorist, this means the maximum coverage is $100,000 per individual and $300,000 per covered accident. This is not to say this is all that you are entitled to get. You have rights, and you are entitled to be made whole. Contact me now. www.michael-weinreb.com

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