Car Accident Insurance Claims in San Jose

Under California law, all vehicles which are operated or parked on a roadway anywhere in the state are required to be covered by some type of financial responsibility. While it is possible to supply financial responsibility by placing a cash deposit with the Department of Motor Vehicles, purchasing a surety bond or obtaining a certificate of self-insurance from the DMV, the vast majority of car owners in the state choose to purchase auto insurance at the minimum rate or perhaps more.

State law requires car owners to carry liability insurance which serves to protect the driver against legal action in the event that he or she is sued for personal injury or wrongful death after being involved in a car accident. The absolute minimum amount of coverage for a passenger vehicle is $15,000 for injury or death caused to one person and $30,000 for injury or death caused to more than one person, in addition to a minimum of $5,000 for property damage. Some drivers choose to purchase larger amounts of coverage, such as $25,000 for a single accident victim and $50,000 for all victims, $50,000/$100,000 or even as much as $250,000/$500,000.

What does this mean to you after you have been injured or lost a loved one in a serious motor vehicle collision? It means that you can potentially file a claim for as much as the other driver's liability insurance will cover in order to obtain financial compensation for your medical expenses, your lost wages and the pain, suffering and emotional distress which you have been forced to experience. Unfortunately, there are many cases in which the value of the plaintiff's claim is greater than the limit on the defendant's insurance policy. When this happens, it may be possible to satisfy the remainder of the claim by suing the driver for a judgment which can be used to obtain a wage garnishment or a lien on personal property.