What rights do I have if I was injured in an uninsured motorist accident?
If you were injured in an uninsured motorist accident in California, you still have rights, but the process to recover compensation may be more difficult. First, you may file a claim with your own insurance company if you have uninsured motorist coverage. Such coverage is often included in standard auto insurance policies and will reimburse you for medical bills and some other damages. Second, you may be able to file a lawsuit against the driver of the other vehicle if he or she was at fault. California follows a system of pure comparative negligence, meaning that you can recover damages even if you were partially at fault for the accident, although your award will be reduced by your degree of fault. You may also be able to hold the other driver liable for the actions of a spouse or family member who was driving the vehicle at the time of the accident. Finally, if you can prove that the other driver’s actions were reckless or intentional, you may be able to sue for punitive damages. These damages, which are intended to punish the other driver, are separate from compensatory damages and are usually awarded in addition to any compensatory damages. It is important that you speak with an experienced car accident attorney to determine the best course of action for recovering damages after an uninsured motorist accident. A qualified attorney can inform you of your legal rights and can take the necessary steps to protect your interests throughout the process.
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