Underinsured Drivers in Los Angeles: What to Do If the Other Driver’s Insurance Can’t Cover Your Medical Bills
In a previous blog, we discussed what happens when the at-fault driver in an accident has no insurance at all. But what if they have minimal insurance such that the aggrieved party is not properly compensated? In California, this is a common scenario that can leave accident victims struggling to pay for medical bills, lost wages, and other expenses. If you find yourself in this situation, knowing your legal options is crucial.
What Is an Underinsured Driver?
An underinsured driver is someone whose car insurance policy does not provide enough coverage to fully compensate for the damages they cause in an accident. In Los Angeles, where traffic accidents are frequent, this issue arises more often than you might think. California law sets minimum insurance requirements, but these minimums are often insufficient for serious accidents.
For example, the minimum liability coverage in California was recently raised in January 2025 to $30,000 per person for bodily injury and $60,000 per accident. In a catastrophic accident, medical bills alone can easily exceed these amounts, leaving you responsible for the difference. This is where underinsured motorist coverage becomes crucial.
How Underinsured Motorist Coverage Protects You
One of the best ways to protect yourself against underinsured drivers is by having underinsured motorist coverage on your own policy. This type of insurance may cover the gap between what the at-fault driver’s insurance pays and your total damages. It is imperative to properly understand the type of coverage that you have by confirming this with your insurance agent/insurance. Many people opt for a lower monthly rate without understanding or appreciate the risks involved.
Consequently, declining this coverage can leave you financially vulnerable. If the at-fault driver’s insurance is not sufficient, your own underinsured motorist policy can step in to cover your medical bills, lost wages, pain and suffering, and more.
Can I Sue the Underinsured Driver?
Yes, you can always sue the at-fault driver for the remaining costs. However, this option is often impractical. Underinsured drivers typically have limited assets, making it difficult, if not unlikely, that you will be able to collect a substantial judgment even if you win the lawsuit. However, in some cases, it might be useful to file a lawsuit, especially in order to establish liability.
When Your Insurance Company Acts in Bad Faith
In some cases, your own insurance company may refuse to pay your underinsured motorist claim, arguing that you were at fault for the accident or disputing the extent of your damages. Unfortunately, insurance companies sometimes prioritize their profits over fair compensation.
At The Law Offices of Ali Taheripour, we have seen this happen first-hand. In one case, our client’s insurance company refused to pay underinsured motorist benefits, falsely claiming that our client was at fault for the accident. We were forced to file a lawsuit against the at-fault driver to establish liability. The court found that the other driver was 100% at fault. Even after we submitted the court’s ruling, our client’s insurance company again denied her underinsured motorist claim.
We took the case further, suing the insurance company for fraud, bad faith, and breach of contract. Ultimately, the insurance company agreed to pay the policy limits because they recognized that we were fully prepared to go to trial to fight for our client’s rights. This case highlights the importance of having an experienced attorney who will not back down.
Why You Need an Experienced Attorney in Los Angeles
Navigating the complexities of underinsured motorist claims can be overwhelming, especially when dealing with insurance companies that refuse to cooperate. The Law Offices of Ali Taheripour have experience helping clients in Los Angeles secure fair compensation in cases involving underinsured drivers.
We will review the facts of your case, investigate all available coverage options—including both the at-fault driver’s insurance and your own—and pursue the compensation you deserve. Our team is committed to fighting for your rights, even if that means taking your case to trial.
Contact The Law Offices of Ali Taheripour Today
If you or a loved one have been injured by an underinsured driver in Los Angeles, don’t hesitate to seek legal assistance. Contact The Law Offices of Ali Taheripour for a free consultation. We will guide you through the legal process and fight to get you the compensation you need to recover fully.Top of FormBottom of Form
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