As title states. I was driving on the highway and the car in front of me made a semi-abrupt stop due to hitting traffic. I slowed down as well, and came to a stop without hitting the car in front of me. The person driving behind me was unattentive and did not brake in time, rear-ending me, and pushing my car into the car in front of me. The car in front of me drove away with minor damages. My car and the person behind me's is totaled. Police on scene who made a police report with everyone's information. Police told me to get all information from the police report instead of asking everyone. Person who hit me had all their family in the vehicle as well as a newborn baby. After looking at the initial police report, I and the person in front of me have Geico car insurance. Person who hit me does not have documented car insurance or a driver's license. The car is also registered to someone else. I have uninsured motorist insurance. I have minor injuries mostly bruises, neck stiffness, and back stiffness. Should I get a lawyer to maximize my insurance claim? If not, how can I maximize my insurance claim?
(California) Was rear-ended by someone without insurance or driver's license. Should I get a lawyer?
byu/ylee_04 inInsurance
Posted by ylee_04
6 Comments
The insurance will evaluate your claim based on your injuries and treatment. Just don’t settle the claim until your injuries and treatment are resolved and you have all your medical bills. You can certainly discuss the case with a few attorneys before proceeding, but I’m not sure it’ll be worth paying 33% of your settlement to an attorney, might actually hurt you.
You can maximize your claim by seeking necessary medical care and keeping track of all your expenses. Before you get too excited, the injuries you are describing don’t tend to have much value so don’t expect to get rich. Past the cost of your medical care, you’re probably looking at a few hundred dollars, all else being equal.
If you hire an attorney, they will keep about one-third of the final settlement. expenses (medical care) come entirely from your portion. the math works out to the lawyer needing to do at least 50% better than you would on your own before you break even after their contingency fee.
* Uninsured motorist property damage (UMPD): This pays for the damage to your car from an accident with an uninsured driver who is at fault. The limit is $3,500. This only pays if the uninsured driver is identified. You may not need it if you have collision coverage. [https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm](https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/auto101.cfm)
did you go to the hospital to get checked out, it creates a record of your injuries.
if you decide to go with a lawyer because you feel that geico isn’t covering your losses, think about first filing a complaint with the state department of insurance, because they won’t act on your behalf if your lawyer has already contacted geico.
If the person who hit you did not have insurance or a license. chances are they do not have assets to chase.
You can sue under UM potentially but your carrier will almost certainly drop you first chance they get if you do.
You wrote that the at-fault car was owned by someone other than the driver. If the owner has insurance, it should cover the loss. Ask your insurance company if they have contracted the owner and found or ruled out insurance.
You’re getting $0 and $.00 from suing a probably undocumented citizen without insurance in California my friend, but good luck if you want to try.