Garden Grove Uninsured Car Accident Lawyer

The recovery process following an automobile accident can be a frustrating and complicated endeavor under the most optimal circumstances. However, pursuing appropriate restitution might be even more challenging when a party to an accident does not have enough car insurance to cover the damages they are responsible for.

Fortunately, however, a knowledgeable attorney could help drivers involved in auto accidents stemming from an uninsured or underinsured motorist’s negligence receive proper compensation. The assistance of a Garden Grove uninsured car accident lawyer could play a key role in every aspect of such a case, including determining what damages may be available in the first place.

California Auto Insurance Regulations

In accordance with regulations set forth by the California Department of Motor Vehicles, all motorists in Garden Grove must carry a minimum amount of personal injury and property auto insurance coverage. Unfortunately, however, some motorists fail to abide by this mandate.

In an attempt to circumvent this problem, state law also requires auto insurance providers to include an uninsured driver provision in policies that provides a certain degree of coverage in case of an accident with an uninsured driver. However, in more serious incidents, even this additional coverage might not be enough to cover the expenses the injured motorist incurred.

The Benefit of Retaining Legal Counsel

When dealing with significant damages owned by a driver whose insurance cannot pay them, an injured individual’s best chance to receive compensation might lie in initiating a civil action against the uninsured motorist in question. However, to successfully win such a case, a complainant must illustrate the following four elements of legal negligence:

• The uninsured motorist owed a duty of care to the plaintiff
• The uninsured motorist subsequently violated—or breached—their duty of care
• The breach directly led to the accident in question
• The accident resulted in physical injuries that stemmed solely from the accident and not any existing condition on the part of the plaintiff

A Garden Grove uninsured car accident lawyer who knows how to deal with uninsured and underinsured drivers may be able to help a plaintiff prove their case and collect relevant evidence by investigating the accident scene, examining the defendant’s driving and criminal records, acquiring and reviewing police reports and medical records, and conducting witness interviews. After gathering enough information, a skilled attorney could work to formulate a legitimate argument demonstrating fault on the uninsured driver’s part.

The Pure Comparative Negligence Principle

Although seasoned attorneys can do a lot to demonstrate negligence by the defendant in an uninsured car accident case, the final determination of fault in such a case falls to the adjudicating body presiding over it. In California, fault in personal injury cases is governed by a legal principle known as pure comparative negligence.

When determining fault for a car accident case, the court would assign a certain percentage of blame to not only the defendant but potentially the plaintiff as well. That percentage then determines the maximum amount of damages the complainant may recover. For example, if the adjudicating body ruled that a plaintiff was 10 percent at fault for their own accident, they would only be able to recover 90 percent of their total damages.

Talk to a Garden Grove Uninsured Car Accident Attorney Today

Though all California motorists are required to possess auto insurance, there are some who do not. When these uninsured or underinsured drivers get into a driver, the process of recovering damages from them can become tremendously complicated.

However, with the help of a Garden Grove uninsured car accident lawyer, it may not be impossible for you to get the financial recovery you deserve. Call today to schedule an initial consultation and get started on your case.